13433

Proposed Rules Federal Register Vol. 83, No. 61

Thursday, March 29, 2018

This section of the FEDERAL REGISTER may be viewed at http:// pummelo fruit into the continental contains notices to the public of the proposed www.regulations.gov/ United States from Thailand. issuance of rules and regulations. The #!docketDetail;D=APHIS–2016–0034 or The PRA identifies 21 actionable purpose of these notices is to give interested in our reading room, which is located in pests that could be introduced into the persons an opportunity to participate in the Room 1141 of the USDA South United States in consignments of fresh rule making prior to the adoption of the final rules. Building, 14th Street and Independence pummelo fruit from Thailand. The pests Avenue SW, Washington, DC. Normal listed in the PRA are as follows: reading room hours are 8 a.m. to 4:30 • Bactrocera correcta Bezzi, guava DEPARTMENT OF AGRICULTURE p.m., Monday through Friday, except fruit fly; holidays. To be sure someone is there to • Bactrocera cucurbitae Coquillett, and Plant Health Inspection help you, please call (202) 799–7039 melon fruit fly; Service before coming. • Bactrocera dorsalis Hendel, oriental FOR FURTHER INFORMATION CONTACT: fruit fly; Ms. • 7 CFR Part 319 Claudia A. Ferguson, MS, Senior Bactrocera papayae Drew & Hancock, Asian papaya fruit fly; [Docket No. APHIS–2016–0034] Regulatory Policy Coordinator, Imports, • Regulations, and Manuals, Regulatory Bactrocera tau Walker, a complex RIN 0579–AE33 of fruit flies; Coordination and Compliance, PPQ, • APHIS, 4700 River Road, Unit 133, Ceroplastes rubens Maskell, pink Importation of Pummelo From Thailand Riverdale, MD 20737–1236; (301) 851– wax scale; Into the Continental United States • 2352. Citripestis sagittiferella Moore, citrus fruit borer; AGENCY: Animal and Plant Health SUPPLEMENTARY INFORMATION: • Eotetranychus cendanai Rimando, Inspection Service, USDA. Background citrus yellow mite; ACTION: Proposed rule. • Monacrostichus citricola Bezzi, a Under the regulations in ‘‘Subpart– fruit fly; SUMMARY: We are proposing to amend Fruits and Vegetables’’ (7 CFR 319.56– • the regulations to allow the importation Nipaecoccus viridis Newstead, 1 through 319.56–82, referred to below spherical mealybug; of fresh pummelo fruit from Thailand as the regulations), the Animal and • into the continental United States. As a Paradrosophila punctipennis Duda, Plant Health Inspection Service (APHIS) a fruit fly; condition of entry, fresh pummelo fruit of the United States Department of • from Thailand would be subject to a Phyllosticta citriasiana Wulandari, Agriculture (USDA) prohibits or Crous & Gruyter, the causal agent for systems approach that would include restricts the importation of fruits and irradiation treatment, packinghouse citrus tan spot; vegetables into the United States from • Phyllosticta citricarpa, the causal processing requirements, and port of certain parts of the world to prevent the entry inspection. The fruit would also agent for citrus black spot; introduction and dissemination of plant • Planococcus lilacinus Cockerell, be required to be imported in pests. commercial consignments and be cacao mealybug; The regulations currently do not • ` accompanied by a phytosanitary citri Milliere, citrus flower authorize the importation of fresh certificate issued by the national plant ; pummelo fruit (Citrus maxima (Berm.) • protection organization of Thailand. Prays endocarpa Meyrick, citrus Merr.) from Thailand. The national This action would allow for the pock caterpillar; plant protection organization (NPPO) of • importation of fresh pummelo fruit from Pseudococcus cryptus Hempel, Thailand has requested that APHIS Thailand while continuing to provide citriculus mealybug; amend the regulations to allow the • protection against the introduction of Rastrococcus spinosus Robinson, importation of commercially produced plant pests into the continental United Philippine mango mealybug; fresh pummelo fruit from Thailand into • States. Rastrococcus tropicasiaticus the continental United States. In Williams, a mealybug; DATES: We will consider all comments evaluating Thailand’s request, we • Schizotetranychus baltazari that we receive on or before May 29, prepared a pest risk assessment (PRA) Rimando, Bamboo spider mite; and 2018. and a risk management document • Xanthomonas citri Gabriel et al. ADDRESSES: You may submit comments (RMD). Copies of the PRA and the RMD (XCC), the causal agent for citrus canker. by either of the following methods: may be obtained from the person listed Based on the findings of the PRA, • Federal eRulemaking Portal: Go to under FOR FURTHER INFORMATION APHIS has determined that measures http://www.regulations.gov/ CONTACT or viewed on the beyond standard port of entry #!docketDetail;D=APHIS-2016-0034. Regulations.gov website (see ADDRESSES inspection are required to mitigate the • Postal Mail/Commercial Delivery: above for instructions for accessing risks posed by these pests. These Send your comment to Docket No. Regulations.gov). measures are identified in the RMD and APHIS–2016–0034, Regulatory Analysis The PRA, titled ‘‘Importation of Fruit are used as the basis for the and Development, PPD, APHIS, Station of Pummelo, Citrus maxima (Burm.) requirements included in this proposed 3A–03.8, 4700 River Road, Unit 118, Merr., from Thailand into the rule. We are therefore proposing to Riverdale, MD 20737–1238. Continental United States’’ (December allow the importation of fresh pummelo Supporting documents and any 2017) analyzes the potential pest risk fruit from Thailand into the continental comments we receive on this docket associated with the importation of fresh United States if it is produced and

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shipped in accordance with the systems all other relevant treatment therefore, has not been reviewed by the approach as described below. The requirements in part 305. Office of Management and Budget. This requirements of the systems approach proposed rule is not expected to be an Packinghouse Procedures would be added to the regulations as a Executive Order 13771 regulatory action new § 319.56–83. Those plant pests associated with the because this proposed rule is not importation pathway for fresh pummelo significant under Executive Order Commercial Consignments fruit from Thailand that are non-Insecta 12866. Only commercial consignments of (XCC, P. citriasiana, and P. citricarpa), In accordance with 5 U.S.C. 603, we fresh pummelo fruit from Thailand Insecta but not neutralized by have performed an initial regulatory would be accepted for import into the irradiation (E. cendanai and S. flexibility analysis, which is continental United States. Produce baltazari), and the pupae and adult summarized below, regarding the grown commercially is less likely to be forms of (C. sagittiferella, P. economic effects of this proposed rule infested with plant pests than citri, and P. endocarpa), require the on small entities. Copies of the full noncommercial consignments. application of additional mitigations. analysis are available by contacting the Noncommercial consignments are more Prior to packing, the fresh pummelo person listed under FOR FURTHER prone to infestations because the fruit would have to be washed, brushed, INFORMATION CONTACT or on the commodity is often ripe to overripe, and disinfested. The fresh pummelo Regulations.gov website (see ADDRESSES could be of a variety with unknown fruit would also be required to be above for instructions for accessing susceptibility to pests, or is grown with submerged in a surfactant, treated for Regulations.gov). little or no pest control. Commercial XCC with an APHIS-approved surface Pummelo is a relatively minor citrus consignments, as defined in § 319.56–2, disinfectant, and treated for P. fruit for which there is limited are consignments that an inspector citriasiana and P. citricarpa with an information. There are no official identifies as having been imported for APHIS-approved fungicide. These statistics on the volume or value of sale and distribution. Such packinghouse processing requirements pummelos produced or consumed in the identification is based on a variety of will ensure that all pests of concern not United States. Agricultural statistics for indicators, including, but not limited to: mitigated by irradiation are removed California report that the area planted in Quantity of produce, type of packing, from the importation pathway. pummelo and hybrid groves in 2016 totaled 1,587 acres. California identification of grower or packinghouse Phytosanitary Certificate on the packaging, and documents production that year totaled 540,000 consigning the fruits or vegetables to a A phytosanitary certificate issued by boxes, or about 19,595 metric tons, and wholesaler or retailer. the NPPO of Thailand would have to had a farm gate value of $9.04 million. accompany each consignment of fresh The expected volume of imports from Treatments pummelo fruit. If the fresh pummelo Thailand would be the equivalent of Under this proposed rule, fresh fruit was irradiated in Thailand, the about 1 percent of California’s pummelo pummelo fruit from Thailand would be fresh pummelo fruit would have to be production. Unofficially, there are about required to be treated with a minimum jointly inspected by APHIS and the 100 pummelo growers in California. The absorbed irradiation dose of 400 Gy in NPPO of Thailand, and the majority of these producers likely accordance with § 305.9 of the phytosanitary certificate would have to operate as small entities, given that this phytosanitary treatment regulations in 7 contain additional declarations attesting is true for producers of citrus fruit CFR part 305. This is the established to this joint inspection and to the generally. generic dose for all pests except irradiation of the fresh pummelo fruit in Information on pummelo production pupae and adults of the order Thailand. If the fresh pummelo fruit in Arizona, Florida, or Texas is not Lepidoptera. will be irradiated upon arrival in the available. U.S. import and export data specific to pummelo are also not While it is true that three of the United States, these additional available because pummelo is grouped quarantine pests associated with fresh declarations would not be needed. with grapefruit in Department of pummelo fruit from Thailand are The phytosanitary certificate ensures Commerce trade statistics (Harmonized Lepidopteran, irradiation in conjunction the fresh pummelo fruit was inspected by the NPPO of Thailand, and certifies Tariff Schedule 080540). with other mitigations against Based on the information we have, Lepidopteran pests, can provide that the fresh pummelo fruit meets our requirements for export to the there is no reason to conclude that phytosanitary protection for several adoption of this proposed rule would reasons: continental United States. Additional declarations provide assurances result in any significant economic effect • While the treatment is not lethal to regarding joint inspection and proper on a substantial number of small pupae and adults of the order administration of irradiation treatment. entities. However, we do not currently Lepidoptera, it is lethal to larvae. Larvae have all of the data necessary for a are of greatest phytosanitary concern Port of Entry Inspection comprehensive analysis of the effects of given that they are internal feeders and Shipments of fresh pummelo fruit this proposed rule on small entities. may therefore be overlooked upon from Thailand would be subject to Therefore, we are inviting comments on inspection. inspection at the port of entry. This will potential effects. In particular, we are • Irradiation tends to prevent normal provide an additional layer of interested in determining the number adult emergence from the pupal stage. phytosanitary protection in order to and kind of small entities that may • Irradiation also causes sterility in prevent the dissemination of plant pests incur benefits or costs from the pupae and emerged adults, preventing into the continental United States. implementation of this proposed rule. further larval reproduction. Moreover, pupae and adult Lepidoptera are Executive Orders 12866 and 13771 and Executive Order 12988 unlikely to be associated with fresh Regulatory Flexibility Act This proposed rule would allow fresh pummelo fruit. This proposed rule has been pummelo fruit to be imported into the The shipments of fresh pummelo fruit determined to be not significant for the continental United States from Thailand from Thailand would also have to meet purposes of Executive Order 12866 and, under a systems approach. If this

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proposed rule is adopted, State and (1) Evaluate whether the proposed Collection Coordinator, at (301) 851– local laws and regulations regarding information collection is necessary for 2483. fresh pummelo fruit imported under the proper performance of our agency’s Lists of Subjects in 7 CFR Part 319 this rule would be preempted while the functions, including whether the fruit is in foreign commerce. Fresh fruits information will have practical utility; Coffee, Cotton, Fruits, Imports, Logs, are generally imported for immediate (2) Evaluate the accuracy of our Nursery stock, Plant diseases and pests, distribution and sale to the consuming estimate of the burden of the proposed Quarantine, Reporting and public and would remain in foreign information collection, including the recordkeeping requirements, Rice, commerce until sold to the ultimate validity of the methodology and Vegetables. consumer. The question of when foreign assumptions used; Accordingly, we are proposing to commerce ceases in other cases must be (3) Enhance the quality, utility, and amend 7 CFR part 319 as follows: addressed on a case-by-case basis. If this clarity of the information to be proposed rule is adopted, no retroactive collected; and PART 319—FOREIGN QUARANTINE effect will be given to this rule, and this (4) Minimize the burden of the NOTICES rule will not require administrative information collection on those who are ■ 1. The authority citation for part 319 proceedings before parties may file suit to respond (such as through the use of continues to read as follows: in court challenging this rule. appropriate automated, electronic, Authority: 7 U.S.C. 450, 7701–7772, and Paperwork Reduction Act mechanical, or other technological collection techniques or other forms of 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. In accordance with section 3507(d) of information technology; e.g., permitting the Paperwork Reduction Act of 1995 electronic submission of responses). ■ 2. Section 319.56–83 is added to read (44 U.S.C. 3501 et seq.), reporting and Estimate of burden: Public reporting as follows: recordkeeping requirements included in burden for this collection of information § 319.56–83 Pummelo From Thailand. this proposed rule have been submitted is estimated to average 0.67 hours per Fresh pummelo fruit (Citrus maxima for approval to the Office of response. (Burm.) Merr.) (Rutaceae) may be Management and Budget (OMB). Please Respondents: Foreign businesses and imported into the continental United send comments on the Information the NPPO of Thailand. States from Thailand under the Collection Request (ICR) to OMB’s Estimated annual number of Office of Information and Regulatory following conditions: respondents: 2. (a) Commercial consignments. The Affairs via email to oira_submissions@ Estimated annual number of fresh pummelo fruit must be shipped in omb.eop.gov, Attention: Desk Officer for responses per respondent: 18. commercial consignments only. APHIS, Washington, DC 20503. Please Estimated annual number of (b) Irradiation treatment. The fresh state that your comments refer to Docket responses: 36. pummelo fruit must be treated with No. APHIS–2016–0034. Please send a Estimated total annual burden on irradiation in accordance with part 305 copy of your comments to the USDA respondents: 24 hours. (Due to of this chapter. using one of the methods described averaging, the total annual burden hours (c) Packinghouse procedures. Prior to under ADDRESSES at the beginning of may not equal the product of the annual packing, the fresh pummelo fruit must this document. number of responses multiplied by the be washed, brushed, disinfested, APHIS is proposing to amend the reporting burden per response.) submerged in surfactant, treated for regulations to allow the importation of A copy of the information collection Xanthomonas citri Gabriel et al. with an fresh pummelo fruit from Thailand into may be viewed on the Regulations.gov APHIS-approved surface disinfectant, the continental United States. As a website or in our reading room. (A link and treated for Phyllosticta citriasiana condition of entry, fresh pummelo fruit to Regulations.gov and information on and Phyllosticta citricarpa with an from Thailand would be subject to a the location and hours of the reading APHIS-approved fungicide. systems approach that would include room are provided under the heading (d) Phytosanitary certificate. Each irradiation treatment, packinghouse ADDRESSES at the beginning of this shipment of fresh pummelo fruit must processing requirements, and port of proposed rule.) Copies can also be be accompanied by a phytosanitary entry inspection. The fruit would also obtained from Ms. Kimberly Hardy, certificate issued by the national plant be required to be imported in APHIS’ Information Collection protection organization (NPPO) of commercial consignments and Coordinator, at (301) 851–2483. APHIS Thailand. If the fresh pummelo fruit was accompanied by a phytosanitary will respond to any ICR-related irradiated in Thailand, each certificate issued by the NPPO of comments in the final rule. All consignment of fruit must be inspected Thailand. This action would allow for comments will also become a matter of jointly in Thailand by APHIS and the the importation of fresh pummelo fruit public record. NPPO of Thailand, and the from Thailand while continuing to phytosanitary certificate must contain E-Government Act Compliance provide protection against the an additional declaration attesting to introduction of plant pests into the The Animal and Plant Health irradiation of the fresh pummelo fruit in continental United States. Inspection Service is committed to accordance with part 305 of this Implementing this information compliance with the E-Government Act chapter. If the fresh pummelo fruit will collection will require respondents to to promote the use of the internet and be irradiated upon arrival into the complete phytosanitary certificates and other information technologies, to continental United States, joint port of entry inspections. provide increased opportunities for inspection in Thailand and an We are soliciting comments from the citizen access to Government additional declaration on the public (as well as affected agencies) information and services, and for other phytosanitary certificate are not concerning our proposed information purposes. For information pertinent to required. collection and recordkeeping E-Government Act compliance related (e) Port of entry inspection. requirements. These comments will to this proposed rule, please contact Ms. Consignments of fresh pummelo fruit help us: Kimberly Hardy, APHIS’ Information from Thailand are subject to inspection

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at ports of entry in the continental Vale´rie Andre´, 78140 VELIZY– ATR42 and Model ATR72 airplanes. United States. VILLACOUBLAY—FRANCE; phone: The MCAI states: Done in Washington, DC, this 23rd day of +33 (0) 1 46 29 81 00; internet: Occurences were reported of finding March 2018. www.safran-landing-systems.com. You cracked universal joints (U-joints) Part Kevin Shea, may view this service information at the Number (P/N) D56805, P/N D56805–2, P/N D61036 and P/N D62050. Subsequent Administrator, Animal and Plant Health FAA, Transport Standards Branch, 2200 investigation identified a batch of affected U- Inspection Service. South 216th St., Des Moines, WA. For information on the availability of this joints which were subjected to a possible [FR Doc. 2018–06288 Filed 3–28–18; 8:45 am] material at the FAA, call 206–231–3195. non-detected thermal abuse done during the BILLING CODE 3410–34–P grinding process by the U-joint manufacturer Examining the AD Docket in production, or by a maintenance organization during overhaul and/or repair. You may examine the AD docket on DEPARTMENT OF TRANSPORTATION This condition, if not detected and the internet at http:// corrected, could lead to MLG structural www.regulations.gov by searching for failure and subsequent collapse of the MLG, Federal Aviation Administration and locating Docket No. FAA–2018– possibly resulting in damage to the aeroplane 0167; or in person at the Docket and injury to the occupants. 14 CFR Part 39 Management Facility between 9 a.m. To address this potential unsafe condition, SAFRAN Landing Systems (SLS), published [Docket No. FAA–2018–0167; Product and 5 p.m., Monday through Friday, Service Bulletin (SB) 631–32–249 for MLGs Identifier 2017–NM–131–AD] except Federal holidays. The AD docket fitted on ATR42–200, ATR42–300 and contains this NPRM, the regulatory RIN 2120–AA64 ATR42–320; SB 631–32–250 for MLGs fitted evaluation, any comments received, and on ATR42–400 and ATR42–500; and SB 631– Airworthiness Directives; ATR–GIE other information. The street address for 32–251 for MLGs fitted on ATR72 (all Avions de Transport Re´gional the Docket Operations office (telephone models), to provide inspection instructions. For the reasons described above, this Airplanes 800–647–5527) is in the ADDRESSES section. Comments will be available in [EASA] AD requires repetitive detailed visual AGENCY: Federal Aviation the AD docket shortly after receipt. inspections (DVI) of the affected U-joints for Administration (FAA), DOT. cracks, and, depending on findings, FOR FURTHER INFORMATION CONTACT: replacement with a serviceable part [and ACTION: Notice of proposed rulemaking Shahram Daneshmandi, Aerospace provides an optional terminating action]. (NPRM). Engineer, International Section, You may examine the MCAI in the Transport Standards Branch, FAA, 2200 SUMMARY: We propose to adopt a new AD docket on the internet at http:// South 216th St., Des Moines, WA 98198; www.regulations.gov by searching for airworthiness directive (AD) for all telephone and fax 206–231–3220. ATR–GIE Avions de Transport Re´gional and locating Docket No. FAA–2018– SUPPLEMENTARY INFORMATION: Model ATR42 and Model ATR72 0167. airplanes. This proposed AD was Comments Invited Related Service Information Under 1 prompted by reports of cracking in main We invite you to send any written CFR Part 51 landing gear (MLG) universal joints (U- relevant data, views, or arguments about joints). This proposed AD would require Safran Landing Systems has issued this proposed AD. Send your comments repetitive detailed inspections of the Service Bulletin 631–32–249, Revision to an address listed under the affected U-joints for cracks, and 1, dated June 26, 2017; Service Bulletin ADDRESSES section. Include ‘‘Docket No. replacement if necessary. This proposed 631–32–250, Revision 1, dated June 26, FAA–2018–0167; Product Identifier AD would also provide an optional 2017; and Service Bulletin 631–32–251, 2017–NM–131–AD’’ at the beginning of terminating action for the repetitive Revision 1, dated June 26, 2017. The your comments. We specifically invite inspections. We are proposing this AD service information describes comments on the overall regulatory, to address the unsafe condition on these procedures for detailed inspections of economic, environmental, and energy products. the affected U-joints for cracking, and aspects of this NPRM. We will consider replacement if necessary. These DATES: We must receive comments on all comments received by the closing documents are distinct since they apply this proposed AD by May 14, 2018. date and may amend this NPRM based to different airplane models. This ADDRESSES: You may send comments, on those comments. service information is reasonably using the procedures found in 14 CFR We will post all comments we available because the interested parties 11.43 and 11.45, by any of the following receive, without change, to http:// have access to it through their normal methods: www.regulations.gov, including any course of business or by the means • Federal eRulemaking Portal: Go to personal information you provide. We identified in the ADDRESSES section. http://www.regulations.gov. Follow the will also post a report summarizing each instructions for submitting comments. substantive verbal contact we receive FAA’s Determination and Requirements • Fax: 202–493–2251. about this NPRM. of This Proposed AD • Mail: U.S. Department of This product has been approved by Transportation, Docket Operations, M– Discussion the aviation authority of another 30, West Building Ground Floor, Room The European Aviation Safety Agency country, and is approved for operation W12–140, 1200 New Jersey Avenue SE, (EASA), which is the Technical Agent in the United States. Pursuant to our Washington, DC 20590. for the Member States of the European bilateral agreement with the State of • Hand Delivery: Deliver to mail Union, has issued EASA Airworthiness Design Authority, we have been notified address above between 9 a.m. and 5 Directive 2017–0172, dated September of the unsafe condition described in the p.m., Monday through Friday, except 7, 2017 (referred to after this as the MCAI and service information Federal holidays. Mandatory Continuing Airworthiness referenced above. We are proposing this For service information identified in Information, or ‘‘the MCAI’’), to correct AD because we evaluated all pertinent this NPRM, contact Safran Landing an unsafe condition for all ATR–GIE information and determined an unsafe Systems, Inovel Parc Sud-7, rue Ge´ne´ral Avions de Transport Re´gional Model condition exists and is likely to exist or

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