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 

### 52543

Vol. 79, No. 171

Thursday, September 4, 2014

1 To 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


### 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


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

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