This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

19805 

Vol. 79, No. 69 

Thursday, April 10, 2014 

1To view the proposed rule and the comment we 

received, go to http://www.regulations.gov/

#!docketDetail;D=APHIS-2011-0085. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Parts 319, 322, and 360 

[Docket No. APHIS–2011–0085] 

RIN 0579–AD76 

Consolidation of Permit Procedures; 

Denial and Revocation of Permits 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are consolidating the 

regulations concerning the issuance of 

permits for the importation and 

interstate movement of a wide variety of 

regulated plants, plant products, and 

other articles. We are also making 

corresponding changes to the 

regulations concerning permits for the 

importation and interstate movement of 

noxious weeds and the importation of 

honeybees and other beekeeping 

articles. The regulations will also 

include new provisions for the denial of 

a permit and the revocation of a permit 

once issued. These changes will make 

our permit procedures more transparent 

and easier to use, allow us to evaluate 

a permit application more quickly and 

thoroughly, and help us hold permittees 

accountable for complying with permit 

conditions. 

DATES: Effective Date: May 12, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Marc Phillips, Senior Regulatory Policy 

Specialist, Regulatory Compliance and 

Coordination, RPM, PPQ, APHIS, 4700 

River Road, Unit 133, Riverdale, MD 

20737–1231; (301) 851–2114. 

SUPPLEMENTARY INFORMATION: 

Background 

The Plant Protection Act, as amended, 

(PPA, 7 U.S.C. 7701 et seq.) states that 

it is the responsibility of the Secretary 

of Agriculture to facilitate exports, 

imports, and interstate commerce of 

agricultural products and other 

commodities that pose a risk of 

harboring plant pests or noxious weeds 

in ways that will reduce the risk of 

dissemination of plant pests or noxious 

weeds that could constitute a threat to 

crops and other plants or plant products 

and burden interstate or foreign 

commerce. The Secretary may prohibit 

or restrict the importation, entry, 

exportation, or movement in interstate 

commerce of any plant, plant product, 

noxious weed, or article if the Secretary 

determines that the prohibition or 

restriction is necessary to prevent the 

introduction of a plant pest or noxious 

weed into the United States or the 

dissemination of a plant pest or noxious 

weed within the United States. 

To implement these prohibitions and 

restrictions, sections 7711 and 7712, 

among others, of the PPA further 

provide that the Secretary may issue 

regulations, including those that require 

that a permit be obtained for plants, 

plant products, noxious weeds, or other 

regulated articles prior to their 

importation or movement in interstate 

commerce. The Secretary has delegated 

the authority provided by the PPA to the 

Administrator of the Animal and Plant 

Health Inspection Service (APHIS). 

Regulations issued under the authority 

of the PPA are primarily administered 

and enforced by APHIS’ Plant 

Protection and Quarantine program 

(PPQ). 

Requiring a written permit for the 

importation or interstate movement of 

plants, plant products, noxious weeds, 

or other regulated articles reduces the 

risk of the introduction or dissemination 

of a plant pest or noxious weed in the 

United States in several ways. 

APHIS’ regulations and Federal 

Orders, as well as permits, inform 

applicants of the requirements and 

conditions for importation or interstate 

movement of regulated articles that we 

have determined are necessary to 

mitigate the risk of introducing or 

disseminating a plant pest or noxious 

weed. Requiring a written permit also 

allows APHIS to hold permittees 

accountable for complying with permit 

conditions and to specify the plant 

products allowed into the United States 

or allowed to move interstate. A permit 

prescribes the binding conditions that 

the applicant for a permit, and the 

permittee, must adhere to under the 

permit and the pertinent regulations. 

The information contained in an 

application for a permit must also 

provide for clear and continuous 

accountability for the importation or 

movement of the plant, plant product, 

or other article. 

The regulations contained in 7 CFR 

part 319, Foreign Quarantine Notices, 

prohibit or restrict the importation into 

the United States of certain plants, 

roots, bulbs, seeds, or other plant 

products to prevent plant pests and 

noxious weeds from being introduced 

and spread within the United States. 

The restricted or prohibited plant 

products include plants for planting, cut 

flowers, fruits and vegetables, foreign 

cotton and covers, sugarcane, citrus, 

corn and related plants, rice, wheat, logs 

and other unmanufactured wood 

articles, packing materials, and coffee. 

The regulations in 7 CFR part 322 

prohibit or restrict the importation of 

honeybees and honeybee semen in order 

to prevent the introduction into the 

United States of diseases and parasites 

harmful to honeybees and of 

undesirable species. 

The regulations in 7 CFR part 360 

restrict the importation and interstate 

movement of those plants that are 

designated as noxious weeds. 

On June 21, 2013, we published in the 

Federal Register (78 FR 37481–37495, 

Docket No. APHIS–2011–0085) a 

proposal 1 to establish a new subpart in 

part 319 entitled ‘‘Permits: Application, 

Issuance, Denial, and Revocation,’’ 

which would include §§ 319.7 through 

319.7–5 and would serve as generally 

applicable requirements in part 319 for 

obtaining a permit to import plants or 

plant products. The requirements 

contained in the proposed subpart 

would provide applicants for permits 

with more detailed information 

regarding the process for applying for a 

permit and indicate the type of 

information we would require in a 

permit application. We also proposed to 

make consistent and clear the 

provisions for how we will approve, 

deny, or revoke a permit and to apply 

the proposed provisions, as appropriate, 

to parts 322 and 360. 

We solicited comments concerning 

our proposal for 60 days ending August 


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20, 2013. We received one comment by 

that date, from a private citizen. The 

comment expressed general opposition 

to the importation of plants from China, 

but did not address any provisions of 

the proposed rule. We are making no 

changes in response to this comment. 

We are making several miscellaneous 

changes to the proposal in this final 

rule. Proposed § 319.7–1(c) would have 

required that permit applications 

specify the intended port of first arrival. 

However, PPQ permits often allow for a 

range of ports of first arrival to be used; 

indeed, proposed § 319.7–2(a), regarding 

the issuance of permits, indicated that 

the permit would specify the port of 

entry and, when needed, allowed ports 

of first arrival. Allowing importers to 

use multiple ports of first arrival offers 

flexibility in logistical arrangements, 

while continuing to allow PPQ to apply 

needed restrictions if an article should 

not be presented at a certain port of first 

arrival. (For example, an article that 

poses a risk of being infested with fruit 

flies would be limited to ports of first 

arrival where the fruit fly could not 

overwinter if it escaped into the 

surrounding environment.) To make the 

regulations consistent, we are allowing 

permit applications to specify multiple 

intended ports of first arrival. 

In the proposed rule, § 319.7–2(f) set 

out proposed requirements for 

permittees. Paragraph (f)(7) would have 

required that permittees acknowledge in 

writing that in accordance with section 

8313 of the PPA, the actions, omissions, 

or failures of any agent of the permittee 

may be deemed the actions, omissions, 

or failures of a permittee as well; and 

that failure to comply with all of the 

conditions specified in the permit or 

any applicable regulations or 

administrative instructions, or forging, 

counterfeiting, or defacing permits or 

shipping labels, may result in 

immediate revocation of the permit, 

denial of any future permits, and civil 

or criminal penalties for the permittee. 

(In the proposed rule, the section 

citation to the PPA was incorrect; we are 

changing it in this final rule to cite to 

section 7734.) 

However, paragraph (f)(5) requires 

that the permittee provide written or 

electronic acknowledgment and 

acceptance of permit conditions only 

when APHIS requests such 

acknowledgment. This reflects the fact 

that, while APHIS normally requires 

written or electronic acknowledgment, 

oral acknowledgment is acceptable in 

some cases. It would be inconsistent to 

require written or electronic 

acknowledgment of the permit 

conditions only sometimes but require 

written acknowledgment of paragraph 

(f)(7) and thereby of section 7734 all the 

time. The most important thing is to 

clearly communicate the provisions of 

paragraph (f)(7) and section 7734 in the 

regulations, so that permittees and other 

regulated parties are aware that the 

actions of an agent of a permittee may 

be deemed the actions of a permittee. 

Therefore, we have decided not to 

include proposed paragraph (f)(7) in this 

final rule. Instead, we have added a 

paragraph communicating the 

provisions of section 7734 of the PPA as 

paragraph (m) of § 319.7–2. 

In the proposed rule, paragraph (b) of 

§ 319.7–3 set out reasons for denying a 

permit to import a regulated article. 

Paragraph (b)(3) indicated that we 

would deny a permit if APHIS 

concludes that the actions proposed 

under the permit would present an 

unacceptable risk to plants and plant 

products because of the introduction or 

dissemination of a plant pest, biological 

control organism, or noxious weed 

within the United States. The final rule 

indicates that the reason to deny a 

permit is the potential for the 

introduction or dissemination, rather 

than the introduction or dissemination 

itself; the introduction or dissemination 

would only happen if APHIS did issue 

the permit and the plant, plant product, 

or other article was imported or moved 

interstate. We are also removing the 

reference to biological control 

organisms, as permitting for the 

importation of such organisms is 

handled in 7 CFR part 330 and not in 

part 319. 

Paragraph (b)(4) indicated that we 

would deny a permit if the importation 

is adverse to the conduct of an 

eradication, suppression, control, or 

regulatory program of APHIS. However, 

States also conduct eradication, 

suppression, control, and regulatory 

programs, and APHIS often supports the 

States with their phytosanitary 

programs by providing technical and 

other assistance. While these programs 

are not APHIS programs as such, we 

need to be able to deny a permit based 

on the potential of the importation to 

adversely affect such a program. 

Accordingly, this final rule does not 

limit the programs to APHIS programs 

but rather refers to any eradication, 

suppression, control, or other 

phytosanitary programs of APHIS or 

ones recognized by APHIS. 

Paragraph (a) of § 319.7–2 describes 

how APHIS will issue a permit if the 

regulated articles in question are eligible 

for importation. We have greatly 

simplified the wording of this paragraph 

in the final rule, although its substantive 

provisions are identical to those of 

proposed § 319.7–2(a). This final rule 

also includes several nonsubstantive 

changes to increase the clarity of the 

regulations and corrects several 

typographical errors in the proposed 

regulatory text. 

Therefore, for the reasons given in the 

proposed rule and in this document, we 

are adopting the proposed rule as a final 

rule, with the changes discussed in this 

document. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This final 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. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. The analysis is 

summarized below. Copies of the full 

analysis are available on the 

Regulations.gov Web site (see footnote 1 

in this document for a link to 

Regulations.gov) or by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

Entities that may be affected by the 

rule are importers of restricted plants 

and plant products, including flowers, 

nursery stock, fruits and vegetables, 

cotton, sugarcane, logs, packing 

materials, other manufactured wood 

articles, and coffee, as well as importers 

of plants designated as noxious weeds, 

honeybees and honeybee semen, and 

regulated articles allowed entry on a 

temporary basis, such as for 

transshipment. While nearly all of the 

entities that may be affected by the rule 

are small, none of the effects would be 

economically significant. The rule will 

make the permit procedures more 

transparent and easier to use, enable 

APHIS to evaluate a permit allocation 

more quickly and thoroughly, and allow 

for more efficient control of the issuance 

of permits and entry of regulated 

articles. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule: (1) Preempts 

all State and local laws and regulations 

that are inconsistent with this rule; (2) 

has no retroactive effect; and (3) does 

not require administrative proceedings 

before parties may file suit in court 

challenging this rule. 


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Paperwork Reduction Act 

This final 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 

7 CFR Part 319 

Coffee, Cotton, Fruits, Imports, Logs, 

Nursery stock, Plant diseases and pests, 

Quarantine, Reporting and 

recordkeeping requirements, Rice, 

Vegetables. 

7 CFR Part 322 

Bees, Honey, Imports, Reporting and 

recordkeeping requirements. 

7 CFR Part 360 

Imports, Plants (Agriculture), 

Quarantine, Reporting and 

recordkeeping requirements, 

Transportation, Weeds. 

Accordingly, we are amending 7 CFR 

chapter III 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 and 7701–7772 

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

CFR 2.22, 2.80, and 371.3. 

■ 2. In § 319.6, paragraph (g) is revised 

to read as follows: 

§ 319.6 Controlled import permits. 

* * * * * 

(g) Denial, withdrawal, cancellation, 

or revocation of permit. The 

Administrator may deny a permit 

application in accordance with § 319.7– 

3, and a permit may be withdrawn, 

canceled, or revoked in accordance with 

§ 319.7–4. 

(1) Action upon cancellation or 

revocation of permit. Upon cancellation 

or revocation of a permit, the permittee 

must surrender, destroy, or remove all 

regulated plant material covered by the 

permit in accordance with § 319.7–4(e). 

(2) Appeal of denial or revocation. 

Any person whose application for a 

permit has been denied or whose permit 

has been revoked may appeal the denial 

or revocation in accordance with 

§ 319.7–5. 

* * * * * 

■ 3. A subpart consisting of §§ 319.7 

through 319.7–5 is added to read as 

follows: 

Subpart—Permits: Application, Issuance, 

Denial, and Revocation 

Sec. 

319.7 Definitions. 

319.7–1 Applying for a permit. 

319.7–2 Issuance of permits and labels. 

319.7–3 Denial of permits. 

319.7–4 Withdrawal, cancellation, and 

revocation of permits. 

319.7–5 Appeal of denial or revocation. 

Subpart—Permits: Application, 

Issuance, Denial, and Revocation 

§ 319.7 Definitions. 

The following definitions apply to 

this subpart: 

Administrative instructions. 

Published documents related to the 

enforcement of this part and issued 

under authority of the Plant Protection 

Act, as amended (7 U.S.C. 7701 et seq.), 

by the Administrator. 

Administrator. The Administrator of 

the Animal and Plant Health Inspection 

Service or any employee of the United 

States Department of Agriculture 

delegated to act in his or her stead. 

Animal and Plant Health Inspection 

Service (APHIS). The Animal and Plant 

Health Inspection Service of the United 

States Department of Agriculture. 

Applicant. A person at least 18 years 

of age who, on behalf of him- or herself 

or another person, submits an 

application for a permit to import into 

the United States or move interstate a 

regulated article in accordance with this 

part. 

Approved. Approved by the 

Administrator of the Animal and Plant 

Health Inspection Service. 

Article. Any material or tangible 

objects that could harbor or be a vector 

of plant pests or noxious weeds. 

Consignment. A quantity of plants, 

plant products, and/or other articles 

being moved from one country to 

another authorized when required, by a 

single permit. A consignment may be 

composed of one or more commodities 

or lots. 

Country of origin. The country where 

the plants, or plants from which the 

plant products are derived, were grown 

or where the non-plant articles were 

produced. 

Enter, entry. To move into, or the act 

of movement into, the commerce of the 

United States. 

Import, importation. To move into, or 

the act of movement into, the territorial 

limits of the United States. 

Inspector. Any individual authorized 

by the Administrator of the Animal and 

Plant Health Inspection Service or the 

Commissioner of the Bureau of Customs 

and Border Protection, Department of 

Homeland Security, to enforce the 

regulations in this part. 

Intended use. The purpose for the 

importation of the regulated article, 

including, but not limited to, 

consumption, propagation, or research 

purposes. 

Lot. All the regulated articles on a 

single means of conveyance that are 

derived from the same species of plant 

or are the same type of non-plant article, 

were subjected to the same treatments 

prior to importation, and are consigned 

to the same person. 

Means of conveyance. Any personal 

property used for or intended for use for 

the movement of any other personal 

property. 

Move. To carry, enter, import, mail, 

ship, or transport; to aid, abet, cause, or 

induce the carrying, entering, importing, 

mailing, shipping, or transporting; to 

offer to carry, enter, import, mail, ship, 

or transport; to receive to carry, enter, 

import, mail, ship, or transport; to 

release into the environment; or to allow 

any of the activities described in this 

definition. 

Oral authorization. Verbal permission 

to import that may be granted by an 

inspector at the port of entry. 

Permit. A written authorization, 

including by electronic methods, to 

move plants, plant products, biological 

control organisms, plant pests, noxious 

weeds, or articles under conditions 

prescribed by the Administrator. 

Permittee. The person who, on behalf 

of self or another person, is legally the 

importer of an article, meets the 

requirements of § 319.7–2(f), and is 

responsible for compliance with the 

conditions for the importation that is 

the subject of a permit issued in 

accordance with this part. 

Person. Any individual, partnership, 

corporation, association, joint venture, 

or other legal entity. 

Plant. Any plant (including any plant 

part) for or capable of propagation, 

including a tree, a tissue culture, a 

plantlet culture, pollen, a shrub, a vine, 

a cutting, a graft, a scion, a bud, a bulb, 

a root, and a seed. 

Plant pest. Any living stage of any of 

the following that can directly or 

indirectly injure, cause damage to, or 

cause disease in any plant or plant 

product: A protozoan; a nonhuman 

animal; a parasitic plant; a bacterium; a 

fungus; a virus or viroid; an infectious 

agent or other pathogen; or any article 

similar to or allied with any of the 

foregoing enumerated articles. 

Plant product. Any flower, fruit, 

vegetable, root, bulb, seed, or other 

plant part that is not included in the 

definition of plant, or any manufactured 

or processed plant or plant part. 

Port of entry. A port at which a 

specified shipment or means of 

conveyance is accepted for entry or 

admitted without entry into the United 

States for transit purposes. 


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Port of first arrival. The area (such as 

a seaport, airport, or land border) where 

a person or means of conveyance first 

arrives in the United States, and where 

inspection of regulated articles may be 

carried out by inspectors. 

PPQ. The Plant Protection and 

Quarantine Program, Animal and Plant 

Health Inspection Service of the United 

States Department of Agriculture, 

delegated responsibility for enforcing 

provisions of the Plant Protection Act 

and related legislation, quarantines and 

regulations. 

Regulated article. Any material or 

tangible object regulated by this part for 

entry into the United States or interstate 

movement. 

Soil. The unconsolidated material 

from the earth’s surface that consists of 

rock and mineral particles mixed with 

organic material and that supports or is 

capable of supporting biotic 

communities. 

State. Any of the several States of the 

United States, the Commonwealth of the 

Northern Mariana Islands, the 

Commonwealth of Puerto Rico, the 

District of Columbia, Guam, the Virgin 

Islands of the United States, or any 

other territory or possession of the 

United States. 

Treatment. A procedure approved by 

the Administrator for neutralizing 

infestations or infections of plant pests 

or diseases, such as fumigation, 

application of chemicals or dry or moist 

heat, or processing, utilization, or 

storage. 

United States. All of the States. 

§ 319.7–1 Applying for a permit. 

(a) Persons who wish to import 

regulated articles into the United States 

must apply for a permit, unless the 

regulated articles are not subject to a 

requirement under this part that a 

permit be issued prior to a 

consignment’s arrival. An applicant for 

a permit to import regulated articles into 

the United States in accordance with 

this part must be: 

(1) Capable of acting in the capacity 

of the permittee in accordance with 

§ 319.7–2(e), or must designate a 

permittee who is so capable should the 

permit be issued; 

(2) Applying for a permit on behalf of 

self or on behalf of another person as 

permittee; and 

(3) At least 18 years of age. 

(b) Permit applications must be 

submitted by the applicant in writing or 

electronically through one of the means 

listed at http://www.aphis.usda.gov/

plant_health/permits/index.shtml in 

advance of the action(s) proposed on the 

permit application. 

(c) The application for a permit must 

contain the following information: 

(1) Legal name, address, and contact 

information of the applicant, and 

affirmation by the applicant that the 

applicant is at least 18 years of age; 

(2) The same information of the 

permittee if different from the applicant, 

and, if the permittee is an individual, 

affirmation by the permittee that the 

permittee is at least 18 years of age; 

(3) Specific type of regulated article 

(common and scientific names, if 

applicable); 

(4) Country of origin; 

(5) Intended use of the regulated 

article; 

(6) Intended port(s) of first arrival; 

and 

(7) A description of any processing, 

treatment, or handling of the regulated 

article to be performed prior to or 

following importation, including the 

location where any processing or 

treatment was or will be performed and 

the names and dosage of any chemical 

employed in treatments of the regulated 

article. 

(d) The application for a permit may 

also require the following information: 

(1) Means of conveyance; 

(2) Quantity of the regulated article; 

(3) Estimated date of arrival; 

(4) Name, address, and contact 

information of any broker or subsequent 

custodian of the regulated article; 

(5) Exporting country from which the 

article is to be moved, when not the 

country of origin; and 

(6) Any other information determined 

to be necessary by APHIS to inform the 

decision to issue the permit. 

(e) Application for a permit to import 

regulated articles into the United States 

must be submitted at least 30 days prior 

to arrival of the article at the port of 

entry. 

(1) If, through no fault of the importer, 

a consignment of regulated articles 

subject to a requirement under this part 

that a permit be issued prior to a 

consignment’s arrival arrives at a U.S. 

port before a permit is received, the 

consignment may be held, under 

suitable safeguards prescribed by the 

inspector, in custody at the risk and 

expense of the importer pending 

issuance of a permit or authorization 

from APHIS. 

(2) An oral authorization may be 

granted by an inspector at the port of 

entry for a consignment, provided that: 

(i) All applicable entry requirements 

are met; 

(ii) Proof of application for a written 

permit is provided to the inspector; and 

(iii) PPQ verifies that the application 

for a written permit has been received 

and that PPQ intends to issue the 

permit. 

§ 319.7–2 Issuance of permits and labels. 

(a) Upon receipt of an application, 

APHIS will issue a permit if, after 

review of the application, APHIS 

determines that the regulated articles 

are eligible to be imported into the 

United States under any applicable 

conditions. The permit will specify the 

applicable conditions of entry and the 

port of entry, and a copy will be 

provided to the permittee. The permit 

will only be valid for the time period 

indicated on the permit. 

(b) The applicant for a permit for the 

importation of regulated articles into the 

United States must designate the person 

who will be named as the permittee 

upon the permit’s issuance. The 

applicant and the permittee may be the 

same person or different persons. 

(c) The act, omission, or failure of the 

permittee as an officer, agent, or person 

acting for or employed by any other 

person within the scope of his or her 

employment or office will be deemed 

also to be the act, omission, or failure of 

the other person. 

(d) Failure to comply with all of the 

conditions specified in the permit or 

any applicable regulations or 

administrative instructions, or forging, 

counterfeiting, or defacing permits or 

shipping labels, may result in 

immediate revocation of the permit, 

denial of any future permits, and civil 

or criminal penalties for the permittee. 

(e) The permittee will remain 

responsible for the consignment 

regardless of any delegation to a 

subsequent custodian of the 

importation. 

(f) A permittee must: 

(1) If an individual, be at least 18 

years of age and have and maintain an 

address in the United States that is 

specified on the permit and be 

physically present during normal 

business hours at that address during 

any periods when articles are being 

imported or moved interstate under the 

permit; or 

(2) If another legal entity, maintain an 

address or business office in the United 

States with a designated individual for 

service of process; and 

(3) Serve as the contact for the 

purpose of communications associated 

with the movement of the regulated 

article for the duration of the permit. 

The PPQ Permit Unit must be informed 

of a change in contact information for 

the permittee within 10 business days of 

such change; 

(4) Ensure compliance with the 

applicable regulatory requirements and 

permit conditions associated with the 

movement of the regulated article for 

the duration of the permit; 


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1An inspector may hold, seize, quarantine, treat, 

apply other remedial measures to, destroy, or 

otherwise dispose of plants, plant pests, and other 

articles in accordance with sections 414, 421, and 

434 of the Plant Protection Act (7 U.S.C. 7714, 7731, 

and 7754). 

(5) Provide written or electronic 

acknowledgment and acceptance of 

permit conditions when APHIS requests 

such acknowledgment; 

(6) Serve as the primary contact for 

communication with APHIS regarding 

the permit; and 

(7) Maintain all conditions of the 

permit for the entirety of its prescribed 

duration. 

(g) The regulated article may be 

imported only if all applicable 

requirements of the permit issued for 

the importation of the regulated article 

or any other documents or instructions 

issued by APHIS are met and complied 

with as determined by APHIS. 

(h) In accordance with the regulations 

in this part, labels may be issued to the 

permittee for the importation of 

regulated articles. Such labels may 

contain information about the 

shipment’s nature, origin, movement 

conditions, or other matters relevant to 

the permit and will indicate that the 

importation is authorized under the 

conditions specified in the permit. 

(1) If issued, the quantity of labels 

will be sufficient for the permittee to 

attach one to each parcel. Labels must 

be affixed to the outer packaging of the 

parcel. 

(2) Importations without such 

required labels will be refused entry 

into the United States, unless a label is 

not required and not issued for the 

importation. 

(i) Even if a permit has been issued for 

the importation of a regulated article, 

the regulated article may be imported 

only if an inspector at the port of entry 

determines that no remedial measures 

pursuant to the Plant Protection Act are 

necessary to mitigate or address any 

plant pest or noxious weed risks.1

(j) A permit application may be 

withdrawn at the request of the 

applicant prior to the issuance of the 

permit. 

(k) A permit may be canceled after 

issuance at the request of the permittee. 

(l) A permit may be amended if 

APHIS finds that the permit is 

incomplete or contains factual errors. 

(m) In accordance with Section 7734 

of the Plant Protection Act, as amended 

(7 U.S.C. 7701 et seq.), the actions, 

omissions, or failures of any agent of the 

permittee may be deemed the actions, 

omissions, or failures of a permittee as 

well; and that failure to comply with all 

of the conditions specified in the permit 

or any applicable regulations or 

administrative instructions, or forging, 

counterfeiting, or defacing permits or 

shipping labels, may result in 

immediate revocation of the permit, 

denial of any future permits, and civil 

or criminal penalties for the permittee. 

§ 319.7–3 Denial of permits. 

(a) APHIS may deny an application 

for a permit to import a regulated article 

into the United States. A denial, 

including the reason for the denial, will 

be provided in writing, including by 

electronic methods, to the applicant as 

promptly as circumstances permit. The 

denial of a permit may be appealed in 

accordance with § 319.7–5. 

(b) APHIS may deny an application 

for a permit to import a regulated 

article: 

(1) If APHIS determines that the 

applicant is not likely to abide by 

permit conditions. Factors that may lead 

to such a determination include, but are 

not limited to, the following: 

(i) The applicant, or a partnership, 

firm, corporation, or other legal entity in 

which the applicant has a substantial 

interest, financial or otherwise, has not 

complied with any permit that was 

previously issued by APHIS; 

(ii) APHIS determines that issuing the 

permit would circumvent any order 

revoking or denying a permit under the 

Plant Protection Act; 

(iii) APHIS determines that the 

applicant has previously failed to 

comply with any APHIS regulation; 

(iv) APHIS determines that the 

applicant has previously failed to 

comply with any Federal, State, or local 

law, regulation, or instruction 

concerning the importation of 

prohibited or restricted foreign 

agricultural products; 

(v) APHIS determines that the 

applicant has failed to comply with the 

laws or regulations of a national plant 

protection organization or equivalent 

body, as these pertain to plant health; 

(vi) APHIS determines that the 

applicant has made false or fraudulent 

statements or provided false or 

fraudulent records to APHIS; or 

(vii) The applicant has been convicted 

or has pled nolo contendere to any 

crime involving fraud, bribery, 

extortion, or any other crime involving 

a lack of integrity. 

(2) If the application for a permit 

contains information that is found to be 

materially false, fraudulent, deceptive, 

or misrepresentative; 

(3) If APHIS concludes that the 

actions proposed under the permit 

would present an unacceptable risk to 

plants and plant products because of the 

potential for introduction or 

dissemination of a plant pest or noxious 

weed within the United States; 

(4) If the importation is adverse to the 

conduct of an eradication, suppression, 

control, or phytosanitary program of 

APHIS or a program recognized by 

APHIS; 

(5) If the importation is not in 

compliance with any applicable import 

regulations or any administrative 

instructions or measures, including, but 

not limited to, all the requirements of 

this part; or 

(6) If a State executive official, or a 

State plant protection official authorized 

to do so, objects to the movement in 

writing and provides specific, detailed 

information that there is a risk the 

movement will result in the 

dissemination of a plant pest or noxious 

weed into the State, and APHIS 

determines that such plant pest risk 

cannot be adequately addressed or 

mitigated. 

§ 319.7–4 Withdrawal, cancellation, and 

revocation of permits. 

(a) Withdrawal of an application. If 

the applicant wishes to withdraw a 

permit application before issuance of a 

permit, he or she must provide the 

request in writing to APHIS. APHIS will 

provide written notification to the 

applicant as promptly as circumstances 

allow regarding reception of the request 

and withdrawal of the application. 

(b) Cancellation of permit by 

permittee. If a permittee wishes to 

cancel a permit after its issuance, he or 

she must provide the request in writing 

to APHIS. APHIS will provide written 

notification to the applicant as promptly 

as circumstances allow regarding 

reception of the request and withdrawal 

of the application. 

(c) Revocation of permit by APHIS. 

APHIS may revoke any outstanding 

permit to import regulated articles into 

the United States. A revocation, 

including the reason for the revocation, 

will be provided in writing, including 

by electronic methods, to the permittee 

as promptly as circumstances permit. 

The revocation of a permit may be 

appealed in accordance with § 319.7–5. 

(d) APHIS may revoke a permit to 

import a regulated article if: 

(1) Information is received subsequent 

to the issuance of the permit of 

circumstances that APHIS determines 

would constitute cause for the denial of 

an application under § 319.7–3; or 

(2) APHIS determines that the 

permittee has failed to maintain the 

safeguards or otherwise observe the 

conditions specified in the permit or in 

any applicable regulations or 

administrative instructions, including, 


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but not limited to, all of the 

requirements of this part. 

(e) Upon revocation of a permit, the 

permittee must, without cost to the 

Federal Government and in the manner 

and method APHIS considers 

appropriate, either: 

(1) Surrender all regulated articles 

covered by the revoked permit and any 

other affected plant material to an 

inspector; 

(2) Destroy, under the supervision of 

an inspector, all regulated articles 

covered by the revoked permit and any 

other affected plant material; or 

(3) Remove all regulated articles 

covered by the revoked permit and any 

other affected plant material from the 

United States. 

§ 319.7–5 Appeal of denial or revocation. 

(a) All denials of an application for a 

permit, or revocations of an existing 

permit, will be provided in writing, 

including by electronic methods, as 

promptly as circumstances permit and 

will include the reasons for the denial 

or revocation. 

(b) Any person whose application for 

a permit has been denied or whose 

permit has been revoked may appeal the 

decision in writing to APHIS within 10 

business days from the date the 

communication of notification of the 

denial or revocation of the permit was 

received. The appeal must state all facts 

and reasons upon which the person is 

relying to show that the denial or 

revocation was incorrect. 

(c) APHIS will grant or deny the 

appeal in writing and will state in 

writing the reason for the decision. The 

denial or revocation will remain in 

effect during the resolution of the 

appeal. 

§ 319.8–1 [Amended] 

■ 4. In § 319.8–1, the definition of 

permit is amended by adding the words 

‘‘and in §§ 319.7 through 319.7–5’’ 

before the period. 

§ 319.8–2 [Amended] 

■ 5. Section 319.8–2 is amended as 

follows: 

■ a. In paragraph (a), by removing, in 

the third sentence, the words ‘‘stating 

the name and address of the importer, 

the country from which such material is 

to be imported, and the kind of cotton 

or covers it is desired to import’’ and 

footnote 1, and adding the words ‘‘for a 

permit in accordance with §§ 319.7 

through 319.7–5’’ in their place. 

■ b. By redesignating footnote 2 as 

footnote 1. 

■ c. By removing paragraphs (c) and (d) 

and redesignating paragraphs (e) and (f) 

as paragraphs (c) and (d), respectively. 

■ d. In newly redesignated paragraph 

(d), in the first sentence, by removing 

the words ‘‘with all requirements set 

forth therein and such additional 

requirements in this subpart as are in 

terms applicable thereto’’ and adding 

the words ‘‘with all of the conditions 

specified in the permit and any 

applicable regulations or administrative 

instructions of this part’’ in their place, 

and by removing the second and third 

sentences of this paragraph. 

■ e. By removing paragraph (g) and 

redesignating paragraph (h) as 

paragraph (e). 

§ 319.8–8 [Amended] 

■ 6. In § 319.8–8, footnote 3 is 

redesignated as footnote 2. 

§ 319.8–11 [Amended] 

■ 7. In § 319.8–11, footnote 4 is 

redesignated as footnote 3. 

§ 319.8–17 [Amended] 

■ 8. In § 319.8–17, footnote 5 is 

redesignated as footnote 4. 

■ 9. Section 319.24–1 is revised to read 

as follows: 

§ 319.24–1 Application for permits for 

importation of corn. 

Persons contemplating the 

importation of corn into the United 

States shall obtain a permit in 

accordance with §§ 319.7 through 

319.7–5. 

(Approved by the Office of Management and 

Budget under control number 0579–0049) 

§ 319.24–2 [Removed and Reserved] 

■ 10. Section 319.24–2 is removed and 

reserved. 

§ 319.24–4 [Removed and Reserved] 

■ 11. Section 319.24–4 is removed and 

reserved. 

§ 319.28 [Amended] 

■ 12. Section 319.28 is amended by 

removing paragraphs (j) and (k). 

■ 13. Section 319.37–3 is amended as 

follows: 

■ a. In paragraph (a), introductory text, 

by adding the words ‘‘in accordance 

with §§ 319.7 through 319.7–5’’ after the 

word ‘‘Programs’’. 

■ b. By removing and reserving 

paragraph (b) and removing footnote 4. 

■ c. By redesignating footnote 5 as 

footnote 4. 

■ d. By revising paragraph (d). 

■ e. By removing paragraphs (e) and (f) 

and redesignating paragraphs (g) and (h) 

as paragraphs (e) and (f), respectively. 

The revision reads as follows: 

§ 319.37–3 Permits. 

* * * * * 

(d) Any permit that has been issued 

may be revoked by an inspector or 

APHIS in accordance with § 319.7–4. 

* * * * * 

§ 319.37–5 [Amended] 

■ 14. In § 319.37–5, footnote 6 is 

redesignated as footnote 5. 

§ 319.37–6 [Amended] 

■ 15. In § 319.37–6, footnote 7 is 

redesignated as footnote 6. 

§ 319.37–7 [Amended] 

■ 16. In § 319.37–7, footnote 8 is 

redesignated as footnote 7. 

§ 319.37–8 [Amended] 

■ 17. In § 319.37–8, footnotes 9 through 

11 are redesignated as footnotes 8 

through 10, respectively. 

§ 319.37–13 [Amended] 

■ 18. In § 319.37–13, footnote 12 is 

redesignated as footnote 11. 

■ 19. Section 319.40–4 is amended as 

follows: 

■ a. By revising paragraph (a). 

■ b. By removing paragraph (b)(3), 

paragraph (c) including footnote 2, and 

paragraph (d). 

The revision reads as follows: 

§ 319.40–4 Application for a permit to 

import regulated articles; issuance and 

withdrawal of permits. 

(a) Application procedure. A written 

application for a permit must be 

obtained and submitted in accordance 

with §§ 319.7 through 319.7–5. 

* * * * * 

§ 319.40–5 [Amended] 

■ 20. In § 319.40–5, footnote 3 is 

redesignated as footnote 1. 

§ 319.40–9 [Amended] 

■ 21. In § 319.40–9, footnotes 4 and 5 

are redesignated as footnotes 2 and 3, 

respectively. 

§ 319.40–10 [Amended] 

■ 22. In § 319.40–10, footnote 6 is 

redesignated as footnote 4. 

■ 23. Section 319.41–2 is revised to read 

as follows: 

§ 319.41–2 Application for permits. 

Persons contemplating the 

importation of any of the articles 

specified in § 319.41–1(b) shall first 

make application to the Plant Protection 

and Quarantine Program for a permit in 

accordance with §§ 319.7 through 

319.7–5. 

(Approved by the Office of Management and 

Budget under control number 0579–0049) 

■ 24. Section 319.41–6 is revised to read 

as follows: 


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§ 319.41–6 Importations by mail. 

In addition to entries by freight or 

express provided for in § 319.41–5, 

importations are permitted by mail of 

mature corn on the cob from the 

countries specified in § 319.41–1(b)(2), 

and clean shelled corn and clean seed 

of the other plants covered by § 319.41, 

provided that a permit has been issued 

for the importation in accordance with 

§§ 319.7 through 319.7–5 and all 

conditions of the permit are met. 

(Approved by the Office of Management and 

Budget under control number 0579–0049) 

■ 25. Section 319.55–2 is revised to read 

as follows: 

§ 319.55–2 Application for permit. 

Application for a permit to import 

seed or paddy rice from Mexico or rice 

straw or rice hulls from any country 

may be made to the Plant Protection and 

Quarantine Programs in accordance 

with §§ 319.7 through 319.7–5. 

(Approved by the Office of Management and 

Budget under control number 0579–0049) 

§ 319.55–4 [Removed and Reserved] 

■ 26. Section 319.55–4 is removed and 

reserved. 

■ 27. Section 319.55–7 is revised to read 

as follows: 

§ 319.55–7 Importations by mail. 

Importations of seed or paddy rice, 

rice straw, and rice hulls from all 

foreign countries and localities may be 

made by mail or cargo, provided that a 

permit has been issued for the 

importation in accordance with §§ 319.7 

through 319.7–5 and all conditions of 

the permit are met. 

(Approved by the Office of Management and 

Budget under control number 0579–0049) 

■ 28. Section 319.56–3 is amended as 

follows: 

■ a. By revising paragraph (b)(2). 

■ b. By removing paragraphs (b)(3), 

(b)(4), (b)(5), and (b)(6). 

■ c. In paragraph (c)(1), by removing the 

words ‘‘under paragraph (b) of this 

section’’ and adding in their place the 

words ‘‘in accordance with this section 

and with §§ 319.7 through 319.7–5’’. 

The revision reads as follows: 

§ 319.56–3 General requirements for all 

imported fruits and vegetables. 

* * * * * 

(b) * * * 

(2) Persons contemplating the 

importation of any fruits or vegetables 

under this subpart must apply for a 

permit in accordance with §§ 319.7 

through 319.7–5. 

* * * * * 

■ 29. Section 319.75 is amended as 

follows: 

■ a. By revising the section heading. 

■ b. In paragraphs (a) and (c), by 

removing the word ‘‘restricted’’ each 

time it appears and adding the word 

‘‘regulated’’ in its place. 

The revision reads as follows: 

§ 319.75 Restrictions on importation of 

regulated articles; disposal of articles 

refused importation. 

* * * * * 

§ 319.75–1 [Amended] 

■ 30. In § 319.75–1, the definition of 

phytosanitary certificate of inspection is 

amended by removing the word 

‘‘restricted’’ each time it appears and 

adding the word ‘‘regulated’’ in its 

place. 

■ 31. Section 319.75–2 is amended as 

follows: 

■ a. By revising the section heading, 

including footnote 1. 

■ b. In paragraph (a), introductory text, 

by removing the word ‘‘restricted’’ and 

adding the word ‘‘regulated’’ in its 

place. 

The revisions read as follows: 

§ 319.75–2 Regulated articles.1

* * * * * 1The importation of regulated articles 

may be subject to prohibitions or 

restrictions under other provisions of 7 

CFR part 319. For example, fresh whole 

chilies (Capsicum spp.) and fresh whole 

red peppers (Capsicum spp.) from 

Pakistan are prohibited from being 

imported into the United States under 

the provisions of Subpart—Fruits and 

Vegetables of this part. 

* * * * * 

■ 32. Section 319.75–3 is revised to read 

as follows: 

§ 319.75–3 Permits. 

A regulated article may be imported 

only after issuance of a written permit 

or oral authorization by the Plant 

Protection and Quarantine Programs in 

accordance with §§ 319.7 through 

319.7–5. 

(Approved by the Office of Management and 

Budget under control number 0579–0049) 

§ 319.75–4 [Amended] 

■ 33. Section 319.75–4 is amended by 

removing the word ‘‘restricted’’ and 

adding the word ‘‘regulated’’ in its 

place. 

§ 319.75–5 [Amended] 

■ 34. In § 319.75–5, paragraphs (a) and 

(b) are amended by removing the word 

‘‘restricted’’ each time it appears and 

adding the word ‘‘regulated’’ in its 

place. 

§ 319.75–6 [Amended] 

■ 35. Section 319.75–6 is amended by 

removing the word ‘‘restricted’’ and 

adding the word ‘‘regulated’’ in its 

place. 

§ 319.75–7 [Amended] 

■ 36. Section 319.75–7 is amended as 

follows: 

■ a. By removing the word ‘‘restricted’’ 

and adding the word ‘‘regulated’’ in its 

place. 

■ b. By redesignating footnote 3 as 

footnote 4. 

§ 319.75–8 [Amended] 

■ 37. Section 319.75–8 is amended by 

removing the word ‘‘restricted’’ both 

times it appears and adding the word 

‘‘regulated’’ in its place. 

§ 319.75–9 [Amended] 

■ 38. In § 319.75–9, paragraphs (a), (b) 

and (c) are amended by removing the 

word ‘‘restricted’’ each time it appears 

and adding the word ‘‘regulated’’ in its 

place. 

PART 322—BEES, BEEKEEPING 

BYPRODUCTS, AND BEEKEEPING 

EQUIPMENT 

■ 39. The authority citation for part 322 

continues to read as follows: 

Authority: 7 U.S.C. 281; 7 U.S.C. 7701– 

7772 and 7781–7786; 7 CFR 2.22, 2.80, and 

371.3. 

■ 40. In § 322.13, paragraph (b) is 

revised to read as follows: 

§ 322.13 General requirements; restricted 

organisms. 

* * * * * 

(b) Persons importing restricted 

organisms into the United States must 

be Federal, State, or university 

researchers; be at least 18 years of age; 

and be physically present during normal 

business hours at an address within the 

United States specified on the permit 

during any periods when articles are 

being imported or moved interstate 

under the permit. All such importations 

must be for research or experimental 

purposes and in accordance with this 

part. 

§ 322.14 [Amended] 

■ 41. In § 322.14, paragraph (a)(1) is 

amended by removing the second and 

third sentences. 

■ 42. Section 322.15 is amended as 

follows: 

■ a. By revising the section heading. 

■ b. By adding a new paragraph (c)(5). 

■ c. By revising paragraph (e). 

The revisions and addition read as 

follows: 


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19812 Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Rules and Regulations 

§ 322.15 APHIS review of permit 

applications; denial or revocation of 

permits. 

* * * * * 

(c) * * * 

(5) APHIS may also deny a permit to 

import restricted organisms: 

(i) To a person who has previously 

failed to comply with any APHIS 

regulation, except: 

(A) A permit revoked in an 

investigation concerning that failure has 

been reinstated on appeal, at the 

discretion of APHIS; or 

(B) All measures ordered by APHIS to 

correct the failure, including but not 

limited to, payment of penalties or 

restitution, have been complied with to 

the satisfaction of APHIS. 

(ii) To a person who has previously 

failed to comply with any international 

or Federal regulation or instruction 

concerning the importation of 

prohibited or restricted foreign 

agricultural products; or 

(iii) If the application for a permit 

contains information that is found to be 

materially false, fraudulent, deceptive, 

or misrepresentative. 

* * * * * 

(e) Appealing the denial of permit 

applications or revocation of permits. If 

your permit application has been denied 

or your permit has been revoked, APHIS 

will inform you in writing, including by 

electronic methods, as promptly as 

circumstances permit and will include 

the reasons for the denial or revocation. 

You may appeal the decision by writing 

to APHIS within 10 business days from 

the date you received the 

communication notifying you of the 

denial or revocation of the permit. Your 

appeal must state all facts and reasons 

upon which you are relying to show that 

your permit application was wrongfully 

denied or your permit was wrongfully 

revoked. APHIS will grant or deny the 

appeal in writing and will state in 

writing the reason for the decision. The 

denial or revocation will remain in 

effect during the resolution of the 

appeal. 

* * * * * 

PART 360—NOXIOUS WEED 

REGULATIONS 

■ 43. The authority citation for part 360 

continues to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781– 

7786; 7 CFR 2.22, 2.80, and 371.3. 

■ 44. Section 360.304 is amended as 

follows: 

■ a. By revising the section heading. 

■ b. In paragraph (a)(5), by removing the 

period at the end of the sentence and 

adding the word ‘‘; or’’ in its place. 

■ c. By adding new paragraphs (a)(6) 

and (a)(7). 

■ d. In paragraph (b), introductory text, 

by removing the word ‘‘cancel’’ and 

adding the word ‘‘revoke’’ in its place. 

■ e. In paragraph (c), by removing the 

word ‘‘canceled’’ each time it appears 

and adding the word ‘‘revoked’’ in its 

place, and by removing the word 

‘‘cancellation’’ and adding the word 

‘‘revocation’’ in its place. 

The revision and additions read as 

follows: 

§ 360.304 Denial of an application for a 

permit to move a noxious weed; revocation 

of a permit to move a noxious weed. 

(a) * * * 

(6) The application for the permit 

contains information that is found to be 

materially false, fraudulent, or 

deceptive; or 

(7) APHIS may deny a permit to a 

person who has previously failed to 

comply with any APHIS regulation. 

* * * * * 

■ 45. Section 360.305 is amended as 

follows: 

■ a. By revising the section heading. 

■ b. By removing the word ‘‘canceled’’ 

each time it appears and adding the 

word ‘‘revoked’’ in its place. 

The revision reads as follows: 

§ 360.305 Disposal of noxious weeds when 

permits are revoked. 

* * * * * 

Done in Washington, DC, this 4th day of 

April 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–08095 Filed 4–9–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27009; Directorate 

Identifier 2007–NE–02–AD; Amendment 39– 

17820; AD 2014–07–06] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

S.A. Turboshaft Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding 

airworthiness directive (AD) 2007–19– 

09R1 for all Turbomeca S.A. Arriel 2B1 

turboshaft engines that do not have 

modification TU157 incorporated. AD 

2007–19–09R1 required replacement of 

the hydromechanical metering unit 

(HMU) with a serviceable HMU. This 

AD requires HMU replacement; 

reduction of the compliance interval; 

and inclusion of the power turbine C2 

cycle consumption rate when 

determining compliance times. This AD 

was prompted by reports of ruptures on 

HMU constant delta pressure valves that 

have less than 2,000 hours in service. 

We are issuing this AD to prevent 

failure of the HMU, which could lead to 

damage to the engine, and damage to the 

aircraft. 

DATES: This AD is effective May 15, 

2014. 

ADDRESSES: For service information 

identified in this AD, contact 

Turbomeca, S.A., 40220 Tarnos, France; 

phone: 33 5 59 74 40 00; telex: 570 042; 

fax: 33 5 59 74 45 15. You may view this 

service information at the FAA, Engine 

& Propeller Directorate, 12 New England 

Executive Park, Burlington, MA. For 

information on the availability of this 

material at the FAA, call 781–238–7125. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2007– 

27009; 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 AD, the mandatory 

continuing airworthiness information 

(MCAI), the regulatory evaluation, any 

comments received, and other 

information. The address for the Docket 

Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

James Gray, Aerospace Engineer, Engine 

Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7742; fax: 781–238– 

7199; email: james.e.gray@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2007–19–09R1, 

Amendment 39–16322 (75 FR 30687, 

June 2, 2010), (‘‘AD 2007–19–09R1’’). 

AD 2007–19–09R1 applied to the 

specified products. The NPRM 

published in the Federal Register on 

December 24, 2013 (78 FR 77614). The 


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