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

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

52543 

Vol. 79, No. 171 

Thursday, September 4, 2014 

1To view the proposed rule and the comments 

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

#!docketDetail;D=APHIS-2010-0116. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2010–0116] 

RIN 0579–AD51 

Importation of Litchi and Longan Fruit 

From Vietnam Into the Continental 

United States 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the fruits 

and vegetables regulations to allow the 

importation of litchi and longan fruit 

from Vietnam into the continental 

United States. As a condition of entry, 

litchi and longan fruit from Vietnam 

will be subject to a systems approach 

that includes requirements for treatment 

and inspection and restrictions on the 

distribution of the fruit. This action will 

allow for the importation of litchi and 

longan fruit from Vietnam into the 

United States while continuing to 

provide protection against the 

introduction of quarantine pests. 

DATES: Effective Date: October 6, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Claudia Ferguson, Senior Regulatory 

Policy Specialist, Regulatory 

Coordination and Compliance, PPQ, 

APHIS, 4700 River Road, Unit 133, 

Riverdale, MD 20737–1236; (301) 851– 

2352. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in ‘‘Subpart—Fruits 

and Vegetables’’ (7 CFR 319.56–1 

through 319.56–69, 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 within 

the United States. 

On October 25, 2011, we published in 

the Federal Register (76 FR 65985– 

65988, Docket No. APHIS–2010–0116) a 

proposal 1 to amend the regulations by 

allowing fresh litchi (Litchi chinensis 

Sonn.) and longan (Dimocarpus longan 

Lour.) to be imported from Vietnam into 

the continental United States subject to 

a systems approach that would include 

requirements for treatment and 

inspection and restrictions on the 

distribution of the fruit. 

We solicited comments concerning 

our proposal for 60 days ending 

December 27, 2011. We received two 

comments by that date. They were from 

an organization of State plant regulatory 

agencies and an association of tropical 

fruit producers. They are discussed 

below by topic. 

One commenter opposed the 

proposed importation of litchi and 

longan from Vietnam stating that the 

action has the potential to significantly 

harm the nascent Hawaii-based litchi 

and longan industry in the United 

States. The commenter expressed 

concern about the ability of U.S. 

growers to compete with foreign litchi 

and longan growers who have lower 

production costs. 

Under the Plant Protection Act (7 

U.S.C. 7701 et seq.), the Animal and 

Plant Health Inspection Service (APHIS) 

has the authority to prohibit or restrict 

the importation of plants and plant 

products only when necessary to 

prevent the introduction into or 

dissemination of plant pests or noxious 

weeds within the United States. APHIS 

does not have the authority to restrict 

imports solely on the grounds of 

potential economic effects on domestic 

entities that could result from increased 

imports. 

The commenter also asked that the 

U.S. Customs and Border Protection be 

allowed to inspect foreign fruit for 

evidence of non-compliant pesticides 

and to return the commodities to the 

shipper if evidence of non-compliant 

pesticides is found within the fruit. 

While the United States does not have 

direct control over pesticides that are 

used on plant commodities in other 

countries, there are regulations in the 

United States concerning the 

importation of food to ensure that 

commodities do not enter the United 

States containing illegal pesticide 

residues. Through section 408 of the 

Federal Food, Drug, and Cosmetic Act 

(FDCA), the U.S. Environmental 

Protection Agency (EPA) has the 

authority to establish, change, or cancel 

tolerances for food commodities. These 

tolerances are the maximum levels of 

pesticide residues that have been 

determined, through comprehensive 

safety evaluations, to be safe for human 

consumption. Tolerances apply to both 

food commodities that are grown in the 

United States and food commodities 

that are grown in other countries and 

imported into the United States. 

The FDCA also provides the U.S. 

Food and Drug Administration (FDA) 

with authority to inspect food, with the 

exception of most meat and poultry, 

when offered for import at U.S. ports of 

entry. The FDA samples individual lots 

of imported foods and analyzes them for 

pesticide residues to enforce the 

tolerances established by the EPA. 

Shipments with residues at a level 

above an EPA tolerance or FDA Action 

Level, or measurable levels of residues 

for which the EPA has established no 

tolerance for a given food, are refused 

entry into U.S. commerce. 

Tolerance levels for all chemicals that 

are acceptable for use on litchi and 

longan may be found in EPA’s 

regulations in 40 CFR 180.101 through 

180.2020. Tolerance information can 

also be obtained at http://www.epa.gov/ 

pesticides/regulating/index.htm. 

Information about the FDA’s pesticide 

residue monitoring program is available 

at http://www.fda.gov/Food/

FoodborneIllnessContaminants/

Pesticides/UCM2006797.htm. 

One commenter supported the 

prohibition against the importation and 

distribution of litchi and longan into the 

State of Florida while encouraging 

irradiation of these commodities prior to 

importation into the United States to 

eliminate the possible risk of pest 

escape prior to treatment. The 

commenter also requested that APHIS 

monitor these commodities at the port 

of entry for the pests Aceria litchii, 

Oidium nephelii, and Phytophthora 

litchii, which are not eliminated by 

irradiation. 

As described in the proposed rule, we 

are requiring litchi and longan fruit to 

be treated with irradiation to neutralize 

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52544 Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations 

all plant pests of the class Insecta, 

except pupae and adults of the order 

Lepidoptera. Section 305.9 of the 

regulations specifies the requirements 

for the irradiation of imported 

commodities. These requirements 

provide effective safeguards for articles 

irradiated either prior to or after arrival 

in the United States. In addition, we 

will closely inspect consignments of 

these commodities for evidence of all 

quarantine pests, including P. litchii 

and A. litchii. 

With regard to O. nephelii, the pest 

risk assessment that was published with 

the proposed rule lists the pests of 

litchi, longan, and rambutan fruit that 

are found in any of the member 

countries of the Association of 

Southeast Asian Nations, including 

Vietnam. Because this action only 

applies to Vietnam and O. nephelii is 

not found on litchi or longan fruit from 

Vietnam, treatment or inspection for 

this pest is not necessary. 

Therefore, for the reasons given in the 

proposed rule and in this document, we 

are adopting the proposed rule as a final 

rule, without change. 

Note: In our October 2011 proposed rule, 

we proposed to add the conditions governing 

the importation of litchi and longan from 

Vietnam as § 319.56–54. In this final rule, 

those conditions are added as § 319.56–70. 

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 5 U.S.C. 604, we 

have performed a final regulatory 

flexibility analysis, which is 

summarized below, regarding the 

economic effects of this rule on small 

entities. 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. 

In the United States, litchi and longan 

fruit are commercially produced in 

Florida and to a lesser extent in Hawaii. 

Production in California is still largely 

in the developmental stage. Annual U.S. 

production volumes in 2008 were about 

535 metric tons (MT) for litchi and 776 

MT for longan. Virtually all U.S. farms 

that grow litchi and longan are believed 

to be small entities based on the Small 

Business Administration standard of 

annual receipts of not more than 

$750,000. 

Our review of available information 

suggests that the rule may have a 

negative economic impact on longan 

growers and, to a lesser extent, on litchi 

growers, particularly when the fruit is 

sold in Asian and Hispanic markets 

where the demand for produce tends to 

be more price-sensitive. The annual 

quantities of litchi and longan that 

Vietnam expects to export to the United 

States, namely, 600 MT and 1,200 MT, 

respectively, would be equivalent to 

about 17 percent and 69 percent, 

respectively, of average annual U.S. 

imports for these two fruits, 2007–2010. 

Negative impacts for U.S. producers will 

be moderated to the extent that imports 

from Vietnam displace imports from 

other foreign sources. Widely ranging 

prices for litchi and longan among U.S. 

markets and consumers’ varying 

purchasing criteria with regard to price 

and quality may indicate opportunities 

for domestic growers to alleviate 

negative effects of increased foreign 

competition through alternative 

marketing arrangements or marketing 

channels. 

Executive Order 12988 

This final rule allows litchi and 

longan fruit to be imported into the 

continental United States from Vietnam. 

State and local laws and regulations 

regarding litchi and longan fruit 

imported under this rule will be 

preempted while the fruit is in foreign 

commerce. Fresh fruits are generally 

imported for immediate distribution and 

sale to the consuming public, and 

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 caseby-case basis. 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 

In accordance with section 3507(d) of 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the information 

collection or recordkeeping 

requirements included in this final rule, 

which were filed under 0579–0387, 

have been submitted for approval to the 

Office of Management and Budget 

(OMB). When OMB notifies us of its 

decision, if approval is denied, we will 

publish a document in the Federal 

Register providing notice of what action 

we plan to take. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government Act 

to promote the use of the Internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 

E-Government Act compliance related 

to this rule, please contact Mrs. Celeste 

Sickles, APHIS’ Information Collection 

Coordinator, at (301) 851–2908. 

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 are amending 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 319.56–70 is added to read 

as follows: 

§ 319.56–70 Fresh litchi and longan from 

Vietnam. 

Litchi (Litchi chinensis Sonn.) and 

longan (Dimocarpus longan Lour.) fruit 

may be imported into the continental 

United States from Vietnam only under 

the following conditions: 

(a) Growing conditions. Litchi fruit 

must be grown in orchards registered 

with and monitored by the national 

plant protection organization (NPPO) of 

Vietnam to ensure that the fruit are free 

of disease caused by Phytophthora 

litchii. 

(b) Treatment. Litchi and longan fruit 

must be treated with irradiation for 

plant pests of the class Insecta, except 

pupae and adults of the order 

Lepidoptera, in accordance with part 

305 of this chapter. 

(c) Labeling. In addition to meeting 

the labeling requirements in part 305 of 

this chapter, cartons containing litchi or 

longan must be stamped ‘‘Not for 

importation into or distribution in FL.’’ 

(d) Commercial consignments. The 

litchi and longan fruit may be imported 

in commercial consignments only. 

(e) Phytosanitary certificates. (1) Each 

consignment of litchi fruit must be 

accompanied by a phytosanitary 

certificate issued by the NPPO of 

Vietnam attesting that the conditions of 

this section have been met and that the 

consignment was inspected in Vietnam 

and found free of Phytophthora litchii. 

(2) Each consignment of longan fruit 

must be accompanied by a 

phytosanitary certificate issued by the 

NPPO of Vietnam attesting that the 

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Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations 52545 

conditions of this section have been 

met. 

(Approved by the Office of Management 

and Budget under control number 0579– 

0387) 

Done in Washington, DC, this 28th day of 

August 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–21113 Filed 9–3–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0464; Directorate 

Identifier 2012–NM–010–AD; Amendment 

39–17947; AD 2014–16–23] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Aviation Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding 

Airworthiness Directive (AD) 2011–16– 

01 for all Dassault Aviation Model 

FALCON 7X airplanes. AD 2011–16–01 

required adding an automatic reversion 

logic and a means for the pilot to 

override pitch trim control normal 

modes, and installing placards in the 

cockpit; replacing the frame of the 

emergency switch box; replacing certain 

horizontal stabilizer electronic control 

units (HSECU); revising the Limitations 

section of the airplane flight manual 

(AFM); and revising the maintenance 

program to incorporate a certain task. 

This new AD requires modifying the flyby-wire (FBW) standard; and 

operational testing of the electric motors 

reversion relays and trim emergency 

command of the horizontal stabilizer 

trim system (HSTS), and repairs if 

necessary. This AD was prompted by an 

uncontrolled pitch trim runaway during 

descent. We are issuing this AD to 

prevent an uncontrolled pitch trim 

runaway, which could result in loss of 

control of the airplane. 

DATES: This AD becomes effective 

October 9, 2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of October 9, 2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain other publications listed in 

this AD as of August 22, 2011 (76 FR 

47424, August 5, 2011). 

ADDRESSES: You may examine the AD 

docket on the Internet at http://

www.regulations.gov/

#!docketDetail;D=FAA-2013-0464; or in 

person at the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC. 

For service information identified in 

this AD, contact Dassault Falcon Jet, 

P.O. Box 2000, South Hackensack, NJ 

07606; telephone 201–440–6700; 

Internet http://www.dassaultfalcon.com. 

You may view this referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue 

SW., Renton, WA. For information on 

the availability of this material at the 

FAA, call 425–227–1221. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone 425–227–1137; 

fax 425–227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2011–16–01, 

Amendment 39–16759 (76 FR 47424, 

August 5, 2011). AD 2011–16–01 

applied to all Dassault Aviation Model 

FALCON 7X airplanes. The NPRM 

published in the Federal Register on 

July 3, 2013 (78 FR 40065). The NPRM 

proposed to continue to require adding 

an automatic reversion logic and a 

means for the pilot to override pitch 

trim control normal modes, and 

installing placards in the cockpit; 

replacing the frame of the emergency 

switch box; replacing certain HSECU; 

revising the Limitations section of the 

AFM; and revising the maintenance 

program to incorporate a certain task. 

The NPRM also proposed to require 

modifying the FBW standard; operating 

the airplane according to the limitations 

and procedures in an approved AFM; 

and operational testing of the electric 

motors reversion relays and trim 

emergency command of the HSTS, and 

repairs if necessary. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2011–0241, 

dated December 19, 2011 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for all Dassault 

Aviation Model FALCON 7X airplanes. 

The MCAI states: 

In May 2011, a Dassault Aviation Falcon 

7X aeroplane experienced an uncontrolled 

pitch trim runaway during descent. The crew 

succeeded in recovering a stable situation 

and performed an uneventful landing. 

The results of the investigations showed 

that there was a production defect in the 

Horizontal Stabilizer Electronic Control Unit 

(HSECU) which could have contributed to 

the cause of the event. 

This condition, if not corrected, could lead 

to a loss of control of the aeroplane. 

To address this unsafe condition, EASA 

issued emergency AD 2011–0102–E [http://

ad.easa.europa.eu/blob/easa_ad_2011_0102_

E_Superseded.pdf/EAD_2011-0102-E_1] 

which prohibited further flights. Following 

further technical investigations accomplished 

by Dassault Aviation, EASA issued AD 2011– 

0114, currently at revision 2, [http://

ad.easa.europa.eu/blob/easa_ad_2011_

0114R2.pdf/AD_2011-0114R2_1] which 

superseded EASA AD 2011–0102–E. 

Following accomplishment of all the actions 

as required by EASA AD 2011–0114R2, all 

aeroplanes could resume flying with 

operational limitations. 

Since EASA AD 2011–0114R2 was issued, 

Dassault Aviation have developed a 

modification (M1245 to be embodied through 

accomplishment of Dassault Aviation Service 

Bulletin F7X–214) of the Fly-By-Wire (FBW) 

current standard which improves the 

monitoring and reversion logic of the 

Horizontal Stabilizer Trim System (HSTS). 

This modification results in earlier failure 

detection and quicker reversion. 

Dassault Aviation have issued as well 

Revision 13 of the Aircraft Flight Manual 

(AFM) which incorporates the changes 

introduced in EASA AD 2011–0114R2 (CP55 

and 56) as well as the new changes resulting 

from Dassault Aviation M1245 (CP58). 

Dassault Aviation have introduced as well 

operational tests of the HSTS electric motors 

reversion relays and of the HSTS trim 

emergency command into the Chapter 5.40 of 

F7X Aircraft Maintenance Manual (CP010). 

For the reasons described above, EASA 

issued [an AD] . . . to require: 

1. Accomplishing Dassault Aviation 

modification M1245, 

2. amending the AFM, and 

3. implementing the operational tests of the 

HSTS electric motors reversion relays and of 

the HSTS trim emergency command. 

Accomplishment of all the above actions 

restored the full original certified flight 

envelope of the aeroplane. 

Since EASA AD 2011–0169 was issued, 

further analyses have demonstrated that, 

once Dassault Aviation modification M1245 

is embodied, it is allowed to restore the 

originally certified Minimum Equipment List 

(MEL) items which were removed in 

accordance with the requirement of 

paragraph (4) of EASA AD 2011–0114R2. 

For the reasons described above, this 

[EASA] AD, which supersedes EASA AD 

2011–0169, retaining its requirements, in 

addition, extends the applicability of the AD 

to all S/Ns and, for aeroplanes fitted with 

FBW standard 2.1.7.3, allows the MEL 

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