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

46339 

Vol. 77, No. 150 

Friday, August 3, 2012 

1The CWR National Management Plan for 

Eradication is available on the APHIS Web site at 

http://www.aphis.usda.gov/plant_health/ 

plant_pest_info/cwr/downloads/cwrplan.pdf. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2012–0001] 

RIN 0579–AD67 

Chrysanthemum White Rust 

Regulatory Status and Restrictions 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Advance notice of proposed 

rulemaking and request for comments. 

SUMMARY: We are soliciting public 

comment on whether and how we 

should amend our process for 

responding to domestic chrysanthemum 

white rust (CWR) outbreaks and the 

importation of plant material that is a 

host of CWR. Domestically, CWR host 

plants must be surveyed and, if found 

to be infected with CWR, must undergo 

quarantine, destruction, treatment, or 

other sanitation measures called for in 

our National Management Plan. The 

importation of CWR host plants for 

planting from a number of countries and 

localities is currently prohibited to 

prevent the introduction of CWR into 

the United States. In addition, 

importation of cut flowers of CWR host 

plants from countries where CWR is 

known to occur is currently restricted. 

We are reevaluating our current 

regulatory strategy in order to improve 

the effectiveness and economic 

efficiency of our programs. After 

evaluating public comment on the 

issues presented in this document, we 

will determine whether to propose 

changes to our existing regulations. 

DATES: We will consider all comments 

that we receive on or before October 2, 

2012. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2012-0001- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2012–0001, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2012-0001 or 

in our reading room, which 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) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lynn Evans-Goldner, National Program 

Manager, Emergency and Domestic 

Programs, PPQ, APHIS, 4700 River Road 

Unit 160, Riverdale, MD 20737; (301) 

851–2286. 

SUPPLEMENTARY INFORMATION: 

Background 

Puccinia horiana P. Henn. is a 

filamentous rust fungus and obligate 

parasite that is the causal agent of 

chrysanthemum white rust (CWR), an 

economically important disease in both 

field-grown and greenhouse-grown 

chrysanthemum plants, as well as cut 

flower production. APHIS considers P. 

horiana a quarantine pest. Reports of 

CWR occurrences within the United 

States trigger eradication protocols in 

accordance with the CWR National 

Management Plan for Eradication.1

Currently, the regulations in 7 CFR 

319.37–2(a) prohibit the entry into the 

United States of plants for planting that 

are hosts of CWR from all countries 

where CWR is known to occur, unless 

imported under the specific conditions 

of a departmental permit in 7 CFR 

319.372(c). Under 7 CFR 319.37–5(c), 

importations of CWR host plants for 

planting imported from all other 

countries are required to be 

accompanied by a phytosanitary 

certificate with an additional 

declaration stating that the plants and 

place of production have been inspected 

and found free of the causal agent of 

CWR. Under § 319.37–7, imported host 

material that meets the conditions of 

§ 319.37–5(c) must be grown under the 

conditions of a postentry quarantine 

growing agreement at an approved 

location for 6 months and be inspected 

by an inspector prior to being released 

from quarantine. 

The regulations in 7 CFR 319.74 

restrict the entry into the United States 

of cut flowers of CWR host plants from 

countries where CWR is known to 

occur. Consignments of cut flowers of 

CWR host plants imported from these 

countries must be accompanied by a 

phytosanitary certificate with an 

additional declaration stating that the 

place of production and the 

consignment have been inspected and 

found free of the causal agent of CWR. 

Despite these regulations, detections 

of CWR within the United States 

continue to occur, leading to costly 

eradication measures that must be 

undertaken by both Federal and State 

agencies. In addition, many 

stakeholders no longer consider the 

causal agent of CWR to be a pest of 

quarantine significance due to its 

limited host range, its frequent detection 

within the United States, and the 

availability of treatment/control 

measures within countries where it is 

present, and have expressed interest in 

revisiting the regulatory status of CWR. 

For these reasons, the Animal and Plant 

Health Inspection Service (APHIS) is 

considering potential changes to our 

domestic CWR eradication program and 

the CWR import regulations in an effort 

to improve the effectiveness and 

economic efficiency of our programs. 

We are publishing this advance notice 

of proposed rulemaking in order to 

request public comment as we 

reconsider our regulatory strategy for 

CWR. We are currently considering four 

options for the future of the CWR 

program. The options under 

consideration are: 

1. Continuing to manage CWR as a 

quarantine pest with the objective of 

continuing to eradicate new 

infestations. This option would 

maintain the current status of CWR with 

no changes to the program. 

2. Revising the current regulations to 

designate CWR as a regulated nonquarantine pest. A regulated nonquarantine pest is a pest whose presence 

in plants for planting affects the 

intended use of those plants with an 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
46340 Federal Register / Vol. 77, No. 150 / Friday, August 3, 2012 / Proposed Rules 

economically unacceptable impact and 

would therefore require regulation 

within the United States and on all 

similar plant material imported into the 

United States to ensure a low 

prevalence of CWR in production 

facilities. Designating CWR as a 

regulated non-quarantine pest would 

allow for the creation of a certification 

program for both domestic propagators 

and propagators in foreign countries 

who want to export cuttings of CWR 

hosts into the United States. This 

certification would provide a level of 

protection against the possible shipment 

of CWR infected cuttings from approved 

foreign facilities. Designating CWR as a 

regulated non-quarantine pest would 

mean discontinuing the current process 

for responding to domestic CWR 

outbreaks and the removal of CWR from 

our list of actionable quarantine pests. 

3. No longer managing CWR as a 

quarantine pest whose presence requires 

an eradication-oriented response, but 

maintaining port of entry restrictions for 

chrysanthemums destined to those 

States where CWR is not present and 

where these States have established an 

official control program under the 

Federally Regulated State-Managed 

Phytosanitary Program. Any State 

wishing to establish an official control 

program would have to conduct a 

survey demonstrating that CWR does 

not already exist in the state, conduct 

periodic nursery inspections illustrating 

the continued absence of CWR in 

growing operations, and issue State 

level regulations which controls the 

importation of CWR host material into 

the State and allows for the eradication 

of CWR if detected within the State. 

Once a State’s official control program 

is approved by APHIS, any potential 

host of CWR with that State as its 

intended final destination would be 

inspected at the U.S. port and refused 

entry into the State if CWR is found. 

However, potential CWR hosts arriving 

at ports, and destined for States which 

do not have an official control program 

for CWR, would not be inspected or 

regulated for CWR. Additional 

information regarding The Federally 

Recognized State Managed 

Phytosanitary Program is available on 

the APHIS Web site at http:// 

www.aphis.usda.gov/plant_health/ 

plant_pest_info/frsmp/index.shtml. 

4. Completely removing CWR as a 

quarantine pest whose presence requires 

an eradication-oriented response, thus 

allowing propagators and growers to 

manage CWR as a quality pest of 

chrysanthemum without Federal 

restrictions requiring eradication of this 

pest. 

We welcome comments on these 

options, particularly on the advantages 

and disadvantages of each option and 

the commenter’s preferred option. If 

none of the options under consideration 

seem appropriate, we encourage the 

submission of new options or 

suggestions that we may have 

overlooked, as well as comments on the 

advantages of these new options or 

suggestions. 

This action 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. 

Authority: 7 U.S.C. 150dd, 150ee, 150ff, 

151–167; 7 CFR 2.22, 2.80, and 371.2(c). 

Done in Washington, DC, this 30th day of 

July. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2012–19024 Filed 8–2–12; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0803; Directorate 

Identifier 2011–NM–214–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede an 

existing airworthiness directive (AD) 

that applies to all The Boeing Company 

Model 777–200, -200LR, -300, and 

-300ER series airplanes. The existing AD 

currently requires repetitive inspections 

for cracking of the elevator actuator 

fittings. Since we issued that AD, the 

manufacturer has developed a 

modification that was approved as an 

optional terminating action to the 

currently required repetitive 

inspections. We have been advised that 

the modification procedures include 

certain incorrect torque values. This 

proposed AD would require, for 

previously modified airplanes, 

repetitive inspections for movement of 

the fittings or fastener heads, and 

eventual replacement of certain bolts 

(including related investigative and 

corrective actions if necessary). For all 

airplanes, this replacement, with 

corrected torque values, would 

terminate the requirements of the AD. 

This proposed AD would also remove 

certain airplanes from the applicability. 

We are proposing this AD to detect and 

correct a cracked actuator fitting or 

incorrectly installed bolts to the actuator 

fitting, which could lead to the elevator 

becoming detached and unrestrained, 

and a consequent unacceptable flutter 

condition and loss of control of the 

airplane. 

DATES: We must receive comments on 

this proposed AD by September 17, 

2012. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• 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: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P. O. Box 3707, MC 2H– 

65, Seattle, WA 98124–2207; telephone 

206–544–5000, extension 1; fax 206– 

766–5680; Internet https:// 

www.myboeingfleet.com. You may 

review copies of the referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue 

SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket 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 AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Melanie Violette, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, WA 

985057–3356; phone: 425–917–6422; 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS