This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

11071 

Vol. 75, No. 46 

Wednesday, March 10, 2010 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS-2009-0020] 

RIN 0579-AD08 

Removal of Varietal Restrictions on 

Apples from Japan 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the regulations that allow the 

importation of Fuji variety apples from 

Japan to allow all varieties of Malus 

domestica apples into the United States 

under the same conditions as those for 

Fuji variety apples. We have determined 

that the risk of introducing insects and 

diseases through the pathway of all 

varieties of M. domestica fresh apples to 

be very low under the mitigation 

measures presently in place for Fuji 

apples. This action would allow all 

varieties of M. domestica apples from 

Japan to be imported into the United 

States while continuing to protect 

against the introduction of quarantine 

pests. 

DATES: We will consider all comments 

that we receive on or before May 10, 

2010. 

ADDRESSES: You may submit comments 

by either of the following methods: 

∑ Federal eRulemaking Portal: Go to 

(http://www.regulations.gov/ 

fdmspublic/component/ 

main?main=DocketDetail&d=APHIS2009-0020) to submit or view comments 

and to view supporting and related 

materials available electronically. 

∑ Postal Mail/Commercial Delivery: 

Please send two copies of your comment 

to Docket No. APHIS-2009-0020, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A-03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737-1238. Please state that your 

comment refers to Docket No. APHIS2009-0020. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690-2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

(http://www.aphis.usda.gov). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Claudia Ferguson, M.S., Regulatory 

Policy Specialist, PPQ, APHIS, 4700 

River Road Unit 39, Riverdale, MD 

20737-1231; (301) 734-0754. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in ‘‘Subpart–Fruits 

and Vegetables’’ (7 CFR 319.56-1 

through 319.56-50, referred to below as 

the regulations) prohibit or restrict the 

importation of fruits and vegetables into 

the United States from certain parts of 

the world to prevent the introduction 

and dissemination of plant pests that are 

new to or not widely distributed within 

the United States. 

The regulations in § 319.56-27 allow 

the importation of Fuji variety apples 

from Japan and the Republic of Korea if 

the apples are cold treated and then 

fumigated under the supervision of an 

Animal and Plant Health Inspection 

Service (APHIS) inspector for the peach 

fruit moth (Carposina niponensis), the 

yellow peach moth (Conogethes 

punctiferalis), and the fruit tree spider 

mite (Tetranychus viennensis), in 

accordance with 7 CFR part 305. The 

regulations also provide that the apples 

must be inspected upon completion of 

the cold treatment and fumigation, prior 

to export from Japan or the Republic of 

Korea, by an APHIS inspector and an 

inspector from the national plant 

protection organization (NPPO) of Japan 

or the Republic of Korea. The 

regulations also require the NPPO of the 

exporting country to enter into a trust 

fund agreement with APHIS in 

accordance with § 319.56-6 before 

APHIS will provide the services 

necessary for Fuji apples to be imported 

into the United States from Japan or the 

Republic of Korea. 

The Japanese NPPO has requested 

that APHIS amend the regulations in 

§ 319.56-27 to allow any variety of M. 

domestica apples to be imported into 

the United States under the conditions 

currently prescribed for Fuji variety 

apples. As part of our evaluation of 

Japan’s request, we prepared a 

commodity import evaluation document 

(CIED, February 2009). The CIED 

documents our review of the data 

collected from 1994 to 2008 regarding 

pest interceptions of Fuji apples from 

Japan and our evaluation of any 

additional potential risks that might be 

associated with the importation of all 

varieties of M. domestica apples into the 

United States from Japan based on the 

collected data. Copies of the CIED may 

be obtained from the person listed 

under FOR FURTHER INFORMATION

CONTACT. The CIED may also be viewed 

on the Internet on the Regulations.gov 

Web site or in our reading room (see 

ADDRESSES above for a link to 

Regulations.gov and information on the 

location and hours of the reading room). 

As noted in the CIED, no pests of 

concern have been reported from the 

preclearance program in Japan, and no 

quarantine pests on commercial cargo of 

Fuji apples have been intercepted, 

reported, or identified at U.S. ports of 

entry from 1994 to 2008. Treatment of 

the apples and inspection of packed 

fruit prior to export from Japan by an 

APHIS inspector and an inspector from 

the Japanese NPPO during preclearance 

program activities both reduce the 

probability that pests will follow the 

pathway of fresh apples. 

APHIS considers it highly unlikely 

that any other varieties of M. domestica 

apples would have a significantly 

different pest host status than Fuji 

variety apples given that the varieties 

are of the same species. The treatment 

and inspection required by the 

regulations have been effective in 

mitigating the pest risks at origin for 

Fuji variety apples. Consequently, 

APHIS has concluded that the risk of 

introducing insects and diseases 

through the pathway of all varieties of 

M. domestica fresh apples to be very 

low under the mitigation measures 

presently in place for Fuji apples. 

Based on the evidence presented in 

the CIED, we have determined that the 

measures currently in place for Fuji 


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11072 Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Proposed Rules 

1To view the glossary on the Internet, go to 

(http://www.ippc.int/IPP/En/default.jsp) and click 

on the ‘‘Adopted ISPMs’’ link under the ‘‘Standards 

(ISPMs)’’ heading. 

apples are effective and appropriate to 

manage pest risks associated with all 

varieties of M. domestica apples from 

Japan. Therefore, we propose to amend 

the regulations to allow the entry of all 

varieties of M. domestica apples from 

approved areas in Japan to the United 

States under the provisions of § 319.56- 

27. 

Specifically, we would revise the 

introductory text of § 319.56-27 to 

indicate that any variety of M. 

domestica apples may be imported from 

Japan under the conditions in § 319.56- 

27. We would also remove specific 

references to Fuji variety apples in the 

section heading and the regulatory text 

and instead refer generally to apples. 

We would also revise the term ‘‘national 

plant protection agency’’ to read 

‘‘national plant protection organization,’’ 

to make the regulations consistent with 

the International Glossary of 

Phytosanitary Terms (International 

Standards for Phytosanitary Measures 

No. 5).1

Executive Order 12866 and Regulatory 

Flexibility Act 

This proposed rule has been 

determined to be not significant for the 

purposes of Executive Order 12866 and, 

therefore, has not been reviewed by the 

Office of Management and Budget. 

For this proposed rule we have 

prepared an economic analysis. The 

economic analysis supports our 

conclusion that allowing imports of all 

varieties of M. domestica apples from 

Japan into the United States would have 

minimal economic impact on U.S. 

entities, large or small. Although the 

Fuji apple is the most common variety 

grown in Japan, it constituted only 0.1 

percent of U.S. apple imports in 2008. 

Allowing entry of other M. domestica 

varieties is expected to change the 

quantity of apple imports from Japan 

only minimally. The wide price 

differential between apples grown in 

Japan and in the United States suggests 

that apples imported from Japan are not 

a close substitute for the principal U.S.- 

grown apple varieties. Under these 

circumstances, the Administrator of the 

Animal and Plant Health Inspection 

Service has determined that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. 

The full economic analysis may be 

viewed on the Regulations.gov Web site 

or in our reading room. (Instructions for 

accessing Regulations.gov and 

information on the location and hours of 

the reading room are provided under the 

heading ADDRESSES at the beginning of 

this proposed rule.) In addition, copies 

may be obtained by calling or writing to 

the individual listed under FOR FURTHER

INFORMATION CONTACT. 

Executive Order 12988 

This proposed rule would allow all 

varieties of M. domestica apples to be 

imported into the United States from 

Japan. If this proposed rule is adopted, 

State and local laws and regulations 

regarding all varieties of M. domestica 

apples imported under this rule would 

be preempted while the fruit is in 

foreign commerce. Fresh fruits are 

generally imported for immediate 

distribution and sale to the consuming 

public and would remain in foreign 

commerce until sold to the ultimate 

consumer. The question of when foreign 

commerce ceases in other cases must be 

addressed on a case-by-case basis. If this 

proposed rule is adopted, no retroactive 

effect will be given to this rule, and this 

rule will not require administrative 

proceedings before parties may file suit 

in court challenging this rule. 

Paperwork Reduction Act 

This proposed rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 et 

seq.). 

List of Subjects in 7 CFR Part 319 

Coffee, Cotton, Fruits, Imports, Logs, 

Nursery stock, Plant diseases and pests, 

Quarantine, Reporting and 

recordkeeping requirements, Rice, 

Vegetables. 

Accordingly, we propose to amend 7 

CFR part 319 as follows: 

PART 319—FOREIGN QUARANTINE 

NOTICES 

1. The authority citation for part 319 

continues to read as follows: 

Authority: 7 U.S.C. 450, 7701-7772, and 

7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

2. Section 319.56-27 is amended as 

follows: 

a. By revising the section heading and 

the introductory text to read as set forth 

below. 

b. In paragraphs (b) and (c), by 

removing the words ‘‘Fuji variety’’ each 

time they occur. 

c. In paragraphs (b) and (c), by 

removing the word ‘‘agency’’ each time 

it occurs and adding the word 

‘‘organization’’ in its place. 

§ 319.56-27 Apples from Japan and the 

Republic of Korea. 

Any variety of Malus domestica 

apples may be imported into the United 

States from Japan, and Fuji variety 

apples may be imported into the United 

States from the Republic of Korea, only 

in accordance with this section and all 

other applicable provisions of this 

subpart. 

* * * * * 

Done in Washington, DC, this 4th day of 

March 2010. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–5114 Filed 3–9–10: 12:46 pm] 

BILLING CODE 3410–34–S 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–21242; Directorate 

Identifier 2005–NE–09–AD] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

Arriel 1B, 1D, 1D1, and 1S1 Turboshaft 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) for certain Turbomeca 

Arriel 1B, 1D, 1D1, and 1S1 turboshaft 

engines. That AD requires initial and 

repetitive relative position checks of the 

gas generator 2nd stage turbine blades 

on Turbomeca Arriel 1B (that 

incorporate Turbomeca Modification 

(mod) TU 148), Arriel 1D, 1D1, and 1S1 

turboshaft engines that do not 

incorporate mod TU 347. That AD also 

requires initial and repetitive 

replacements of 2nd stage turbines on 

Arriel 1B, 1D, and 1D1 engines. This 

proposed AD would require lowering 

the repetitive threshold for relative 

position checks on Arriel 1B engines. 

This proposed AD would also require 

lowering the initial and repetitive 

thresholds for replacement of 2nd stage 

turbines on Arriel 1B, 1D, and 1D1 

engines. This proposed AD results from 

reports of new cases of failures of 2nd 

stage turbine blades since we issued AD 

2008–07–01. We are proposing this AD 

to prevent the failure of 2nd stage 

turbine blades, which could result in an 

uncommanded in-flight engine 


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