This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

23683

Vol. 63, No. 83

Thursday, April 30, 1998

1The letters documenting the consultation are

available for viewing in the comment reading room

(see ADDRESSES) or by contacting the person listed

under FOR FURTHER INFORMATION CONTACT.

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 319

[Docket No. 89–154–3]

Importation of Rhododendron

Established in Growing Media

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule; reopening and

extension of comment period.

SUMMARY: We are reopening and

extending the comment period on a

proposal to allow the importation of

Rhododendron established in growing

media. Final action on that proposal had

been deferred to allow consultation

regarding the action with the United

States Fish and Wildlife Service, in

accordance with the Endangered

Species Act. That consultation has been

completed, and, as a result, the

proposed action has been limited to

Rhododendron imported only from

Europe. This reopening of the comment

period will allow interested parties an

opportunity to comment on this change

to the original proposal.

DATES: Consideration will be given only

to comments received on or before June

1, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 89–154–3, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road,

Riverdale, MD 20737–1238. Please state

that your comments refer to Docket No.

89–154–3. Comments received may be

inspected at USDA, room 1141, South

Building, 14th Street and Independence

Avenue SW., Washington, DC, between

8 a.m. and 4:30 p.m., Monday through

Friday, except holidays. Persons

wishing to inspect comments are

requested to call ahead on (202) 690–

2817 to facilitate entry into the

comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr.

Peter M. Grosser, Senior Import

Specialist, PIMT, PPQ, APHIS, 4700

River Road Unit 140, Riverdale, MD

20737–1236; (301) 734–6799.

SUPPLEMENTARY INFORMATION:

Background

On September 7, 1993, we published

in the Federal Register a proposed rule

(58 FR 47074–47084, Docket No. 89–

154–1) to allow the importation of five

genera of plants established in growing

media. That proposal is referred to

below as ‘‘the proposed rule.’’ We

accepted comments on the proposed

rule for a period of 90 days, ending

December 6, 1993.

In a final rule published in the

Federal Register on January 13, 1995,

and effective on February 13, 1995 (60

FR 3067–3078, Docket No. 89–154–2),

the Animal and Plant Health Inspection

Service (APHIS) finalized provisions for

importation of Alstroemeria, Ananas,

Anthurium, and Nidularium. The final

rule postponed action on Rhododendron

established in growing media.

Based on comments submitted on the

proposed rule, it was determined that

before taking final action with regard to

importing Rhododendron, APHIS

should consult with the United States

Fish and Wildlife Service regarding

potential endangered species impacts

associated with importation of

Rhododendron. This consultation was

necessary due to the presence in the

United States of species of

Rhododendron that are listed, and are

proposed for listing, as endangered or

threatened under the Endangered

Species Act (16 U.S.C. 1531 et seq.).

Several commenters noted that an

endangered Rhododendron species in

the United States might be damaged by

alien pests introduced on imported

Rhododendron.

We have now completed that

consultation, in compliance with

Section 7 of the Endangered Species Act

(16 U.S.C. 1537). That consultation 1

revealed that if Rhododendron in

growing media is imported from Europe

in accordance with the requirements

proposed by APHIS, such importation is

not likely to adversely affect endangered

or threatened species or their habitats.

However, the consultation also revealed

that insufficient data has been

assembled to conclusively demonstrate

that importing Rhododendron in

growing media from areas other than

Europe would not adversely affect

endangered or threatened species or

their habitats.

Therefore, we are modifying the

provisions of the proposed rule that

apply to Rhododendron, to apply only

to Rhododendron from Europe. We

propose to add the phrase

‘‘Rhododendron from Europe’’ to the list

in § 319.37–8(e) of plants that may be

imported established in approved

growing media. Compliance with

Section 7 of the Endangered Species Act

has been completed for the importation

of Rhododendron in growing media

from European countries. Should others

propose to initiate importation of

Rhododendron in growing media, that

proposed action would be reviewed

with the Fish and Wildlife Service

under the provisions of the Endangered

Species Act at the time of the review.

We are not modifying the provisions

of the proposed rule pertaining to three

mitigation measures specific to

Rhododendron. These mitigation

measures appeared in the original

proposal on September 7, 1993 (58 FR

at 47079–80), and, for easy reference,

are repeated here. With regard to the

first mitigation measure, we propose

that the greenhouse screen openings, in

facilities which grow and import

Rhododendron in accordance with

§ 319.37–8(e), shall not be greater than

0.2 mm. This differs from the current

requirement of no greater than 0.6 mm

screen openings for all other genera. As

indicated in the original proposal, we

had identified 10 significant pests of

Rhododendron that could enter

greenhouses through openings greater

than 0.2 mm. These Rhododendron

pests are geometrid and tortricid moths

of the genera Acleris, Arichanna,

Cacoecimorpha, and Olethreutes, the

mites Tarsonemus and Phyllocoptes, the

whitefly Dialeurodes chittendenu, the

leafhopper Phiogotettis cyclops, the lace

bug Stephanitis caucasia, and the scale

insect Eulecanium. This first mitigation

measure specific to Rhododendron

appears as a proposed amendment to

§ 319.37–8(e)(2)(ii).

Secondly, we propose to require that

the mother stock of Rhododendron spp.

grown in accordance with the
23684 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules

regulations be visually inspected for

signs of specified diseases that could

cause substantial damage if introduced

into the United States. Visual inspection

of Rhododendron would be required for

evidence of diseases caused by

Chrysomyxa ledi var. rhododendri,

Erysiphe cruciferarum, Erysiphe

rhododendri, Exobasidium vaccinum

and E. vaccinum var. japonicum, and

Phomopsis theae. This second

mitigation measure specific to

Rhododendron appears in proposed

§ 319.37–8(e)(2)(ix).

Lastly, we propose that

Rhododendron species must be

introduced into the greenhouse as tissue

cultures or as rootless stem cuttings

from mother plants that have received a

pesticide dip prescribed by the plant

protection service of the exporting

country for mites, scale insects, and

whitefly, and that have been grown for

at least the previous 6 months in a

greenhouse that meets the requirements

of § 319.37–8(e)(2)(ii). Treating the

mother plants for these pests and

growing them in a controlled

greenhouse for 6 months makes it very

unlikely the mother plants will harbor

pests. Allowing the mother plants to be

propagated only through tissue culture

or rootless stem cuttings makes it

probable that, even if the mother plant

somehow became infested with these

pests, they would not be included in the

tissue used to establish new plants for

export to the United States. This third

mitigation measure specific to

Rhododendron appears in proposed

§ 319.37–8(e)(2)(x).

Reopening and Extension of Comment

Period

We are reopening the comment period

on that portion of Docket No. 89–154–

1 that concerns the importation of

Rhododendron established in growing

media. We will accept comments for 30

days on the proposal to allow

importation of Rhododendron in

growing media from Europe only. This

action will provide interested persons

with additional time in which to

prepare comments on the importation of

Rhododendron in growing media from

Europe. Comments already received

concerning the proposed importation of

Rhododendron will remain under

consideration and need not be

resubmitted.

Executive Order 12866 and Regulatory

Flexibility Act

The proposed rule (58 FR 47074–

47084, Docket No. 89–154–1) has been

determined to be economically

significant, and was reviewed by OMB

under Executive Order 12866.

The composite effect of this

rulemaking and several anticipated

related rulemakings over the next

several years, which could result in

allowing importation of over 60 genera

of plants in growing media that are

currently prohibited, could have effects

on U.S.-foreign competition that are

within the scope of the definition of

economically significant in Executive

Order 12866.

At the time we published the proposal

to allow importation of Rhododendron

in growing media on September 7, 1993

(58 FR 47074–47084, Docket No. 89–

154–1), we prepared a preliminary

Regulatory Impact Analysis (RIA) and a

initial Regulatory Flexibility Analysis

(RFA) concerning the proposal and

future rules allowing the importation of

additional plants in growing media. The

RIA and RFA took a broad approach and

made certain necessary assumptions in

order to form an estimate of economic

effects. The RIA and RFA assumed that

APHIS will propose to allow entry of all

plants in growing media for which we

have received requests for entry, and

made generic assumptions about

safeguards and precautionary

procedures that may be required for

entry of some genera. As announced in

the proposed rule, the RIA and RFA will

be continually updated and refined as

choices are made and rulemaking

advances, to incorporate more precise

information on the costs, benefits, and

other economic effects associated with

rulemaking decisions. The preliminary RIA and RFA

addressed the importation of all

requested genera, including

Rhododendron. The preliminary RIA

and RFA were updated in a final RIA

and RFA in the final rule, which

allowed importation of four genera in

growing media (but not Rhododendron).

The final RIA and RFA did not address

Rhododendron. A cost-benefit analysis

and final RFA addressing

Rhododendron, including any data

obtained as a result of comments, will

be available when a final rule is

published for importing Rhododendron

from Europe in growing media. Copies

of the preliminary RIA and RFA may be

obtained by sending a written request to

the Chief, Regulatory Analysis and

Development, PPD, APHIS, USDA, 4700

River Road Unit 118, Riverdale, MD

20737–1238.

Executive Order 12988

This proposed rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. This proposed rule

would allow Rhododendron established

in growing media to be imported into

the United States from any country in

Europe that meets the requirements of

Sec. 319.37–8(e). If this proposed rule is

adopted: (1) All State and local laws and

regulations that are inconsistent with

this rule will be preempted; (2) no

retroactive effect will be given to this

rule; and (3) administrative proceedings

will not be required before parties may

file suit in court challenging this rule.

Some nursery stock is imported for

immediate distribution and sale to the

consuming public, and would remain in

foreign commerce until sold to the

ultimate consumer. The question of

when foreign commerce ceases in other

cases must be addressed on a case-bycase basis. If this proposed rule is

adopted, no retroactive effect will be

given to the rule, and the rule will not

require administrative proceedings

before parties may file suit in court

challenging the rule.

Paperwork Reduction Act

This proposed rule contains no new

information collection or recordkeeping

requirements under the Paperwork

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

et seq.).

List of Subjects in 7 CFR Part 319

Bees, Coffee, Cotton, Fruits, Honey,

Imports, Incorporation by reference,

Nursery Stock, Plant diseases and pests,

Quarantine, Reporting and

recordkeeping requirements, Rice,

Vegetables.

Accordingly, 7 CFR part 319 would be

amended as follows:

PART 319—FOREIGN QUARANTINE

NOTICES

1. The authority citation for part 319

would continue to read as follows:

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

151–167, 450, 2803, and 2809; 21 U.S.C. 136

and 136a; 7 CFR 2.22, 2.80, and 371.2(c).

§ 319.37–8 [Amended]

2. Section 319.37–8 would be

amended as follows:

a. In paragraph (e) introductory text,

by adding the phrase ‘‘Rhododendron

from Europe,’’ immediately before the

phrase ‘‘and Saintpaulia.’’

b. In the second sentence in paragraph

(e)(2)(ii), by adding the phrase ‘‘(0.2 mm

for greenhouses growing Rhododendron

spp.)’’ immediately after the phrase ‘‘0.6

mm’’.

c. In paragraph (e)(2)(vii), by

removing the word ‘‘and,’’ immediately

after the word ‘‘pests;’’.

d. In paragraph (e)(2)(viii), by

removing the period at the end of the

paragraph and adding a semi-colon in

its place.
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Proposed Rules 23685

e. By adding new paragraphs (e)(2)(ix)

and (e)(2)(x) to read as follows:

§ 319.37–8 Growing media.

* * * * *

(e) * * *

(2) * * *

(ix) If Rhododendron species,

propagated from mother plants that

have been visually inspected by an

APHIS inspector or an inspector of the

plant protection service of the exporting

country, and found free of evidence of

diseases caused by the following

pathogens: Chrysomyxa ledi var.

rhododendri, Erysiphe cruciferarum,

Erysiphe rhododendri, Exobasidium

vaccinum and vaccinum var.

japonicum, and Phomopsis theae; and

(x) If Rhododendron species,

introduced into the greenhouse as tissue

cultures or as rootless stem cuttings

from mother plants that:

(A) Have received a pesticide dip

prescribed by the plant protection

service of the exporting country for

mites, scale insects, and whitefly; and

(B) Have been grown for at least the

previous 6 months in a greenhouse that

meets the requirements of § 319.37–

8(e)(2)(ii).

* * * * *

Done in Washington, DC, this 23rd day of

April 1998.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–11497 Filed 4–29–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–CE–27–AD]

RIN 2120–AA64

Airworthiness Directives; AeromotIndustria Mecanico Metalurgica Ltda.

Model AMT–200 Powered Gliders

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

adopt a new airworthiness directive

(AD) that would apply to certain

Aeromot-Industria Mecanico

Metalurgica Ltda. (Aeromot) Model

AMT–200 powered gliders. The

proposed AD would require replacing

certain flexible hoses in the engine oil

system with flexible hoses with a larger

internal diameter. The proposed AD is

the result of mandatory continuing

airworthiness information (MCAI)

issued by the airworthiness authority for

Brazil. The actions specified by the

proposed AD are intended to prevent

inefficiency of the engine lubricating

system because of ineffective flexible

hoses, which could result in an in-flight

engine shutdown with consequent loss

of powered glider controllability.

DATES: Comments must be received on

or before June 9, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 98–CE–27–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106. Comments

may be inspected at this location

between 8 a.m. and 4 p.m., Monday

through Friday, holidays excepted.

Service information that applies to the

proposed AD may be obtained from

Grupo Aeromot, Aeromot-Industria

Mecanico Metalurgica Ltda., Av. das

Industries-1210, Bairro Anchieta, Caixa

Postal 8031, 90200-Porto Alegre-RS,

Brazil. This information also may be

examined at the Rules Docket at the

address above.

FOR FURTHER INFORMATION CONTACT: Mr.

Curtis Jackson, Aerospace Engineer,

FAA, Atlanta Aircraft Certification

Office, One Crown Center, 1895 Phoenix

Blvd., suite 450, Atlanta, Georgia 30349;

telephone: (770) 703–6083; facsimile:

(770) 703–6097.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire.

Communications should identify the

Rules Docket number and be submitted

in triplicate to the address specified

above. All communications received on

or before the closing date for comments,

specified above, will be considered

before taking action on the proposed

rule. The proposals contained in this

notice may be changed in light of the

comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 98–CE–27–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Central Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 98–CE–27–AD, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106.

Discussion

The Centro Tecnico Aeroespacial

(CTA), which is the airworthiness

authority for Brazil, notified the FAA

that an unsafe condition may exist on

certain Aeromot Model AMT–200

powered gliders. The CTA reports that

the steel piping in the engine oil system

on the above-referenced powered gliders

was replaced with flexible hoses that

have a smaller internal diameter. These

smaller diameter hoses lead to

inefficiency of the engine lubricating

system.

This condition, if not corrected in a

timely manner, could result in an inflight engine shutdown with consequent

loss of powered glider controllability.

Relevant Service Information

Aeromot has issued Service Bulletin

(SB) B.S. No. 200–79–036, Issue Date:

January 30, 1997, which specifies

procedures for replacing any engine oil

system hose, part number 10702, 10703,

or 10704; with a hose with a larger

internal diameter, part number 10706,

10707, or 10708.

The CTA classified this service

bulletin as mandatory and issued

Brazilian AD 97–04–02, dated April 8,

1997, in order to assure the continued

airworthiness of these gliders in Brazil.

The FAA’s Determination

This powered glider model is

manufactured in Brazil and is type

certificated for operation in the United

States under the provisions of section

21.29 of the Federal Aviation

Regulations (14 CFR 21.29) and the

applicable bilateral airworthiness

agreement. Pursuant to this bilateral

airworthiness agreement, the CTA has

kept the FAA informed of the situation

described above.

The FAA has examined the findings

of the CTA; reviewed all available

information, including the service

information referenced above; and