80_FR_43148 80 FR 43009 - Khapra Beetle; New Regulated Countries and Regulated Articles

80 FR 43009 - Khapra Beetle; New Regulated Countries and Regulated Articles

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 80, Issue 139 (July 21, 2015)

Page Range43009-43011
FR Document2015-17842

We are adopting as a final rule, with changes, an interim rule that amended the khapra beetle regulations by adding additional regulated articles and regulated countries, updating the regulations to reflect changes in industry practices and country names that have changed since the regulations were originally published, and removing the list of countries where khapra beetle is known to occur from the regulations and moving it to the Plant Protection and Quarantine Web site. These actions were necessary to prevent the introduction of khapra beetle from infested countries on commodities that have been determined to be hosts for the pest, reflect current industry practices, and make it easier to make timely changes to the list of regulated countries.

Federal Register, Volume 80 Issue 139 (Tuesday, July 21, 2015)
[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Rules and Regulations]
[Pages 43009-43011]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17842]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2013-0079]


Khapra Beetle; New Regulated Countries and Regulated Articles

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting as a final rule, with changes, an interim rule 
that amended the khapra beetle regulations by adding additional 
regulated articles and regulated countries, updating the regulations to 
reflect changes in industry practices and country names that have 
changed since the regulations were originally published, and removing 
the list of countries where khapra beetle is known to occur from the 
regulations and moving it to the Plant Protection and Quarantine Web 
site. These actions were necessary to prevent the introduction of 
khapra beetle from infested countries on commodities that have been 
determined to be hosts for the pest, reflect current industry 
practices, and make it easier to make timely changes to the list of 
regulated countries.

DATES: This final rule is effective July 21, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. George Apgar Balady, Senior 
Regulatory Policy Specialist, Regulatory Coordination and Compliance, 
PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236; (301) 
851-2240.

SUPPLEMENTARY INFORMATION:

[[Page 43010]]

Background

    In an interim rule \1\ effective and published in the Federal 
Register on December 29, 2014 (79 FR 77839-77841, Docket No. APHIS-
2013-0079), we amended the khapra beetle regulations in 7 CFR part 319 
by adding rice (Oryza sativa), chick peas (Cicer spp.), safflower seeds 
(Carthamus tinctorius), and soybeans (Glycine max) to the list of 
regulated articles in Sec.  319.75-2 and prohibiting their entry into 
the United States unless accompanied by a phytosanitary certificate 
with an additional declaration stating that the articles in the 
consignment were inspected and found free of khapra beetle in 
accordance with Sec.  319.75-9. We also added bulk, unpackaged seeds to 
the list of regulated articles due to their potential for infestation 
by khapra beetle. In addition, we updated the list of regulated 
countries in Sec.  319.75-2(b) and moved that list to the Plant 
Protection and Quarantine (PPQ) Web site at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/kb.pdf. Countries will be 
added to the list of regulated areas when we receive official 
notification from the country that it is infested or when we intercept 
the pest in a commercial shipment from that country. Any future 
additions to the list of regulated areas will be conveyed through 
publication of a notice in the Federal Register.
---------------------------------------------------------------------------

    \1\ To view the interim rule and the comments we received, go to 
http://www.regulations.gov/#!docketDetail;D=APHIS-2013-0079.
---------------------------------------------------------------------------

    Finally, we updated the regulations for certain commodities due to 
changes in industry practices that have affected the risk of khapra 
beetle being introduced into the United States. These actions were 
necessary to prevent the introduction of khapra beetle from infested 
countries on commodities that have been determined to be hosts for the 
pest, reflect current industry practices, and make it easier to make 
timely changes to the list of regulated countries.
    We solicited comments concerning the interim rule for 60 days 
ending February 27, 2015. We received one comment by that date from a 
private citizen. The commenter discussed the rule in general terms 
without supporting or opposing any of its provisions.

Miscellaneous

    Currently, the regulations state that plant gums and seeds shipped 
as bulk cargo in an unpackaged state are regulated articles. We are 
making a minor change to clarify that the seeds in this case are plant 
gum seeds and not all plant seeds. In addition, we are making 
corrections to the names of several taxa that were misspelled in Sec.  
319.75-2, footnote 2.
    In the preamble of the interim rule, we stated that we were 
codifying the requirements of two Federal Orders that, among other 
things, prohibited the entry into the United States of rice, chick 
peas, safflower seeds, and soybeans in passenger baggage and personal 
effects. However, we inadvertently omitted that requirement from the 
regulations in Sec.  319.75-2. We are correcting that omission in this 
final rule.
    Therefore, for the reasons given in the interim rule and in this 
document, we are adopting the interim rule as a final rule, with the 
changes discussed in this document.
    This final rule also affirms the information contained in the 
interim rule concerning Executive Order 12988 and the Paperwork 
Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

Regulatory Flexibility Act

    This final rule follows an interim rule that amended the khapra 
beetle regulations by adding additional regulated articles and 
regulated countries, updating the regulations to reflect changes in 
industry practices and country names that have changed since the 
regulations were originally published, and removing the list of 
countries where khapra beetle is known to occur from the regulations 
and moving it to the Plant Protection and Quarantine Web site.
    The U.S. entities that may be impacted by the rule are likely to be 
those involved in importing, handling, moving, processing, or selling 
regulated articles. The 2012 County Business Patterns (North American 
Industry Classification System) statistics corresponding to the Small 
Business Administration small-entity standards indicate that between 93 
and 100 percent of these entities can be considered small. However, 
impacts of the rule are expected to be limited; the khapra beetle 
restrictions on rice imports have been in place since July 2012 and on 
the latter three crops since December 2011. In addition, none of the 
newly regulated areas (Kuwait, Oman, Qatar, the United Arab Emirates, 
and South Sudan, and the Palestinian Authority--West Bank) is an 
important source for the United States of major commodities known to 
host khapra beetle.
    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.

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, the interim rule amending 7 CFR part 319 that was 
published at 79 FR 77839-77841 on December 29, 2014, is adopted as a 
final rule with the following changes:

PART 319--FOREIGN QUARANTINE NOTICES

0
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.


0
2. Section 319.75-2 is amended as follows:
0
a. By revising paragraph (a)(1).
0
b. In paragraph (a)(3), by adding the words ``plant gum'' before the 
word ``seeds''.
0
c. By revising the introductory text of paragraph (b).
    The revisions read as follows:


Sec.  319.75-2  Regulated articles.\1\
---------------------------------------------------------------------------

    \1\ The importation of regulated articles may be subject to 
prohibitions or additional restrictions under other provisions of 7 
CFR part 319, such as Subpart--Foreign Cotton and Covers (see Sec.  
319.8) and Subpart--Fruits and Vegetables (see Sec.  319.56).
---------------------------------------------------------------------------

    (a) * * *
    (1) Seeds of the plant family Cucurbitaceae \2\ if in shipments 
greater than 2 ounces, if not for propagation;
---------------------------------------------------------------------------

    \2\ Seeds of the plant family Cucurbitaceae include but are not 
limited to: Benincasa hispida (wax gourd), Citrullus lanatus 
(watermelon), Cucumis melo (muskmelon, cantaloupe, honeydew), 
Cucumis sativus (cucumber), Cucurbita pepo (pumpkin, squashes, 
vegetable marrow), Lagenaria siceraria (calabash, gourd), Luffa 
cylindrica (dishcloth gourd), Mormordica charantia (bitter melon), 
and Sechium edule (chayote).
---------------------------------------------------------------------------

* * * * *
    (b) The following articles are regulated articles from all 
countries designated in accordance with paragraph (c) of this section 
as infested with khapra beetle or that have the potential to be 
infested with khapra beetle and are prohibited entry into the United 
States in passenger baggage and personal effects. Commercial shipments 
must be accompanied by a phytosanitary certificate issued in accordance 
with Sec.  319.75-9 and containing an additional declaration stating: 
``The shipment was inspected and found free of khapra beetle 
(Trogoderma granarium).''
* * * * *


[[Page 43011]]


    Done in Washington, DC, this 15th day of July 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-17842 Filed 7-20-15; 8:45 am]
 BILLING CODE 3410-34-P



                                                                      Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations                                                43009

                                                      Wyandotte County. The entire county.                   Cocke County. The entire county.                       Trempealeau County. The entire
                                                                                                             Davidson County. The entire county.                  county.
                                                  Kentucky                                                   Fentress County. The entire county.                  *    *   *    *     *
                                                      The entire State.                                      Grainger County. The entire county.
                                                                                                             Greene County. The entire county.                      Walworth County. The entire county.
                                                  Maryland
                                                                                                             Hamblen County. The entire county.                   *    *   *    *     *
                                                    Allegany County. The entire county.                      Hamilton County. The entire county.                    Winnebago County. The entire
                                                    Anne Arundel County. The entire                          Hancock County. The entire county.
                                                                                                                                                                  county.
                                                  county.                                                    Hawkins County. The entire county.
                                                    Baltimore City. The entire city.                         Jackson County. The entire county.                     Done in Washington, DC, this 15th day of
                                                    Baltimore County. The entire county.                     Jefferson County. The entire county.                 July 2015.
                                                    Calvert County. The entire county.                       Johnson County. The entire county.                   Kevin Shea,
                                                    Carroll County. The entire county.                       Knox County. The entire county.                      Administrator, Animal and Plant Health
                                                  *    *     *    *     *                                    Loudon County. The entire county.                    Inspection Service.
                                                    Fredrick County. The entire county.                      Macon County. The entire county.                     [FR Doc. 2015–17847 Filed 7–20–15; 8:45 am]
                                                    Garrett County. The entire county.                       McMinn County. The entire county.
                                                                                                                                                                  BILLING CODE 3410–34–P
                                                                                                             Meigs County. The entire county.
                                                    Harford County. The entire county.
                                                                                                             Monroe County. The entire county.
                                                    Howard County. The entire county.
                                                                                                             Morgan County. The entire county.
                                                    Montgomery County. The entire                                                                                 DEPARTMENT OF AGRICULTURE
                                                                                                             Overton County. The entire county.
                                                  county.
                                                                                                             Pickett County. The entire county.
                                                  *    *     *    *     *                                                                                         Animal and Plant Health Inspection
                                                                                                             Polk County. The entire county.
                                                    Saint Mary’s County. The entire                          Putnam County. The entire county.                    Service
                                                  county.                                                    Rhea County. The entire county.
                                                    Washington County. The entire                            Roane County. The entire county.                     7 CFR Part 319
                                                  county.                                                    Scott County. The entire county.
                                                  Massachusetts                                              Sevier County. The entire county.                    [Docket No. APHIS–2013–0079]
                                                                                                             Smith County. The entire county.
                                                      The entire State.                                      Sullivan County. The entire county.                  Khapra Beetle; New Regulated
                                                  *      *     *     *         *                             Unicoi County. The entire county.                    Countries and Regulated Articles
                                                                                                             Union County. The entire county.
                                                  Minnesota                                                  Washington County. The entire                        AGENCY:  Animal and Plant Health
                                                    Dakota County. The entire county.                      county.                                                Inspection Service, USDA.
                                                  *   *     *    *    *                                    Virginia                                               ACTION:   Final rule.
                                                    Olmsted County. The entire county.
                                                                                                                The entire State.
                                                  *   *     *    *    *                                                                                           SUMMARY:   We are adopting as a final
                                                    Winona County. The entire county.                      *       *     *     *         *
                                                                                                                                                                  rule, with changes, an interim rule that
                                                  Missouri                                                 Wisconsin                                              amended the khapra beetle regulations
                                                                                                             Adams County. The entire county.                     by adding additional regulated articles
                                                      The entire State.
                                                                                                           *     *    *    *    *                                 and regulated countries, updating the
                                                  New Hampshire                                              Buffalo County. The entire county.                   regulations to reflect changes in
                                                    Hillsborough County. The entire                          Calumet County. The entire county.                   industry practices and country names
                                                  county.                                                    Columbia County. The entire county.                  that have changed since the regulations
                                                    Merrimack County. The entire county.                                                                          were originally published, and
                                                                                                           *     *    *    *    *
                                                    Rockingham County. The entire                            Dane County. The entire county.                      removing the list of countries where
                                                  county.                                                    Dodge County. The entire county.                     khapra beetle is known to occur from
                                                                                                             Door County. The entire county.                      the regulations and moving it to the
                                                  New York                                                                                                        Plant Protection and Quarantine Web
                                                                                                             Douglas County. The entire county.
                                                      The entire State.                                                                                           site. These actions were necessary to
                                                                                                           *     *    *    *    *
                                                                                                                                                                  prevent the introduction of khapra
                                                  North Carolina                                             Grant County. The entire county.
                                                                                                             Iowa County. The entire county.                      beetle from infested countries on
                                                    Granville County. The entire county.                     Jackson County. The entire county.                   commodities that have been determined
                                                    Person County. The entire county.                        Juneau County. The entire county.                    to be hosts for the pest, reflect current
                                                    Vance County. The entire county.                                                                              industry practices, and make it easier to
                                                    Warren County. The entire county.                      *     *    *    *    *
                                                                                                                                                                  make timely changes to the list of
                                                                                                             Kewaunee County. The entire county.
                                                  *    *     *   *     *                                                                                          regulated countries.
                                                                                                             La Crosse County. The entire county.
                                                  Pennsylvania                                               Lafayette County. The entire county.                 DATES: This final rule is effective July
                                                                                                             Manitowoc County. The entire county.                 21, 2015.
                                                      The entire State.
                                                                                                           *     *    *    *    *
                                                  Tennessee                                                                                                       FOR FURTHER INFORMATION CONTACT:  Mr.
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                                                                             Monroe County. The entire county.
                                                                                                                                                                  George Apgar Balady, Senior Regulatory
                                                      Anderson County. The entire county.                    Oneida County. The entire county.
                                                                                                             Oneida Indian Reservation. The entire                Policy Specialist, Regulatory
                                                      Blount County. The entire county.                                                                           Coordination and Compliance, PPQ,
                                                      Bradley County. The entire county.                   reservation.
                                                                                                                                                                  APHIS, 4700 River Road Unit 133,
                                                      Campbell County. The entire county.                  *     *    *    *    *                                 Riverdale, MD 20737–1236; (301) 851–
                                                      Carter County. The entire county.                      Richland County. The entire county.
                                                                                                                                                                  2240.
                                                      Claiborne County. The entire county.                   Rock County. The entire county.
                                                      Clay County. The entire county.                      *     *    *    *    *                                 SUPPLEMENTARY INFORMATION:



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                                                  43010               Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations

                                                  Background                                               corrections to the names of several taxa              have a significant economic impact on
                                                     In an interim rule 1 effective and                    that were misspelled in § 319.75–2,                   a substantial number of small entities.
                                                  published in the Federal Register on                     footnote 2.
                                                                                                             In the preamble of the interim rule,                List of Subjects in 7 CFR Part 319
                                                  December 29, 2014 (79 FR 77839–77841,
                                                                                                           we stated that we were codifying the                    Coffee, Cotton, Fruits, Imports, Logs,
                                                  Docket No. APHIS–2013–0079), we
                                                  amended the khapra beetle regulations                    requirements of two Federal Orders that,              Nursery stock, Plant diseases and pests,
                                                  in 7 CFR part 319 by adding rice (Oryza                  among other things, prohibited the entry              Quarantine, Reporting and
                                                  sativa), chick peas (Cicer spp.),                        into the United States of rice, chick                 recordkeeping requirements, Rice,
                                                  safflower seeds (Carthamus tinctorius),                  peas, safflower seeds, and soybeans in                Vegetables.
                                                  and soybeans (Glycine max) to the list                   passenger baggage and personal effects.                 Accordingly, the interim rule
                                                  of regulated articles in § 319.75–2 and                  However, we inadvertently omitted that                amending 7 CFR part 319 that was
                                                  prohibiting their entry into the United                  requirement from the regulations in                   published at 79 FR 77839–77841 on
                                                  States unless accompanied by a                           § 319.75–2. We are correcting that                    December 29, 2014, is adopted as a final
                                                  phytosanitary certificate with an                        omission in this final rule.                          rule with the following changes:
                                                                                                             Therefore, for the reasons given in the
                                                  additional declaration stating that the
                                                                                                           interim rule and in this document, we                 PART 319—FOREIGN QUARANTINE
                                                  articles in the consignment were
                                                                                                           are adopting the interim rule as a final              NOTICES
                                                  inspected and found free of khapra
                                                  beetle in accordance with § 319.75–9.                    rule, with the changes discussed in this
                                                                                                           document.                                             ■ 1. The authority citation for part 319
                                                  We also added bulk, unpackaged seeds                                                                           continues to read as follows:
                                                                                                             This final rule also affirms the
                                                  to the list of regulated articles due to
                                                                                                           information contained in the interim                    Authority: 7 U.S.C. 450 and 7701–7772
                                                  their potential for infestation by khapra
                                                                                                           rule concerning Executive Order 12988                 and 7781–7786; 21 U.S.C. 136 and 136a; 7
                                                  beetle. In addition, we updated the list
                                                                                                           and the Paperwork Reduction Act.                      CFR 2.22, 2.80, and 371.3.
                                                  of regulated countries in § 319.75–2(b)                    Further, for this action, the Office of
                                                  and moved that list to the Plant                                                                               ■  2. Section 319.75–2 is amended as
                                                                                                           Management and Budget has waived its                  follows:
                                                  Protection and Quarantine (PPQ) Web
                                                                                                           review under Executive Order 12866.                   ■ a. By revising paragraph (a)(1).
                                                  site at http://www.aphis.usda.gov/
                                                  import_export/plants/manuals/ports/                      Regulatory Flexibility Act                            ■ b. In paragraph (a)(3), by adding the
                                                  downloads/kb.pdf. Countries will be                                                                            words ‘‘plant gum’’ before the word
                                                                                                             This final rule follows an interim rule
                                                  added to the list of regulated areas when                                                                      ‘‘seeds’’.
                                                                                                           that amended the khapra beetle                        ■ c. By revising the introductory text of
                                                  we receive official notification from the                regulations by adding additional
                                                  country that it is infested or when we                                                                         paragraph (b).
                                                                                                           regulated articles and regulated                         The revisions read as follows:
                                                  intercept the pest in a commercial                       countries, updating the regulations to
                                                  shipment from that country. Any future                   reflect changes in industry practices and             § 319.75–2       Regulated articles.1
                                                  additions to the list of regulated areas                 country names that have changed since                   (a) * * *
                                                  will be conveyed through publication of                  the regulations were originally                         (1) Seeds of the plant family
                                                  a notice in the Federal Register.                        published, and removing the list of                   Cucurbitaceae 2 if in shipments greater
                                                     Finally, we updated the regulations                   countries where khapra beetle is known                than 2 ounces, if not for propagation;
                                                  for certain commodities due to changes                   to occur from the regulations and
                                                  in industry practices that have affected                                                                       *     *     *     *    *
                                                                                                           moving it to the Plant Protection and                   (b) The following articles are
                                                  the risk of khapra beetle being                          Quarantine Web site.
                                                  introduced into the United States. These                                                                       regulated articles from all countries
                                                                                                             The U.S. entities that may be                       designated in accordance with
                                                  actions were necessary to prevent the                    impacted by the rule are likely to be
                                                  introduction of khapra beetle from                                                                             paragraph (c) of this section as infested
                                                                                                           those involved in importing, handling,                with khapra beetle or that have the
                                                  infested countries on commodities that                   moving, processing, or selling regulated
                                                  have been determined to be hosts for the                                                                       potential to be infested with khapra
                                                                                                           articles. The 2012 County Business                    beetle and are prohibited entry into the
                                                  pest, reflect current industry practices,                Patterns (North American Industry
                                                  and make it easier to make timely                                                                              United States in passenger baggage and
                                                                                                           Classification System) statistics                     personal effects. Commercial shipments
                                                  changes to the list of regulated                         corresponding to the Small Business
                                                  countries.                                                                                                     must be accompanied by a
                                                                                                           Administration small-entity standards                 phytosanitary certificate issued in
                                                     We solicited comments concerning                      indicate that between 93 and 100
                                                  the interim rule for 60 days ending                                                                            accordance with § 319.75–9 and
                                                                                                           percent of these entities can be                      containing an additional declaration
                                                  February 27, 2015. We received one                       considered small. However, impacts of
                                                  comment by that date from a private                                                                            stating: ‘‘The shipment was inspected
                                                                                                           the rule are expected to be limited; the              and found free of khapra beetle
                                                  citizen. The commenter discussed the                     khapra beetle restrictions on rice
                                                  rule in general terms without supporting                                                                       (Trogoderma granarium).’’
                                                                                                           imports have been in place since July
                                                  or opposing any of its provisions.                                                                             *     *     *     *    *
                                                                                                           2012 and on the latter three crops since
                                                  Miscellaneous                                            December 2011. In addition, none of the                 1 The importation of regulated articles may be

                                                    Currently, the regulations state that                  newly regulated areas (Kuwait, Oman,                  subject to prohibitions or additional restrictions
                                                  plant gums and seeds shipped as bulk                     Qatar, the United Arab Emirates, and                  under other provisions of 7 CFR part 319, such as
                                                                                                           South Sudan, and the Palestinian                      Subpart—Foreign Cotton and Covers (see § 319.8)
                                                  cargo in an unpackaged state are
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                                                                                                                                 and Subpart—Fruits and Vegetables (see § 319.56).
                                                  regulated articles. We are making a                      Authority—West Bank) is an important                    2 Seeds of the plant family Cucurbitaceae include

                                                  minor change to clarify that the seeds in                source for the United States of major                 but are not limited to: Benincasa hispida (wax
                                                  this case are plant gum seeds and not all                commodities known to host khapra                      gourd), Citrullus lanatus (watermelon), Cucumis
                                                  plant seeds. In addition, we are making                  beetle.                                               melo (muskmelon, cantaloupe, honeydew),
                                                                                                             Under these circumstances, the                      Cucumis sativus (cucumber), Cucurbita pepo
                                                                                                                                                                 (pumpkin, squashes, vegetable marrow), Lagenaria
                                                    1 To view the interim rule and the comments we         Administrator of the Animal and Plant                 siceraria (calabash, gourd), Luffa cylindrica
                                                  received, go to http://www.regulations.gov/              Health Inspection Service has                         (dishcloth gourd), Mormordica charantia (bitter
                                                  #!docketDetail;D=APHIS-2013-0079.                        determined that this action will not                  melon), and Sechium edule (chayote).



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                                                                      Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations                                         43011

                                                    Done in Washington, DC, this 15th day of               New Jersey Avenue SE., Washington,                    to remain in service until accumulating
                                                  July 2015.                                               DC 20590.                                             25,000 CSN. We reduced the life of the
                                                  Kevin Shea,                                              FOR FURTHER INFORMATION CONTACT: Jo-                  LPT shaft to 20,000 CSN to minimize
                                                  Administrator, Animal and Plant Health                   Ann Theriault, Aerospace Engineer,                    the risk of LPT shaft failure. We did not
                                                  Inspection Service.                                      Engine Certification Office, FAA, Engine              change this AD.
                                                  [FR Doc. 2015–17842 Filed 7–20–15; 8:45 am]              & Propeller Directorate, 12 New England               Proposal To Increase Repetitive
                                                  BILLING CODE 3410–34–P                                   Executive Park, Burlington, MA 01803;                 Inspections
                                                                                                           phone: 781–238–7105; fax: 781–238–
                                                                                                           7199; email: jo-ann.theriault@faa.gov.                   DAL and Allegiant Air proposed
                                                  DEPARTMENT OF TRANSPORTATION                             SUPPLEMENTARY INFORMATION:                            increasing the occurrence of FPIs to
                                                                                                                                                                 increase the opportunity of identifying
                                                  Federal Aviation Administration                          Discussion
                                                                                                                                                                 LPT shaft cracks. The commenters
                                                                                                              We issued a notice of proposed                     stated that routine FPIs have been
                                                  14 CFR Part 39                                           rulemaking (NPRM) to amend 14 CFR                     successful in detecting LPT shaft cracks
                                                                                                           part 39 by adding an AD that would                    in the past.
                                                  [Docket No. FAA–2014–1127; Directorate
                                                  Identifier 2014–NE–16–AD; Amendment 39–                  apply to all PW JT8D–217C and JT8D–
                                                                                                                                                                    We do not agree. Recurring
                                                  18203; AD 2015–14–05]                                    219 turbofan engines. The NPRM
                                                                                                                                                                 inspections are not adequate as a final
                                                                                                           published in the Federal Register on
                                                  RIN 2120–AA64                                                                                                  corrective action. Relying on recurring
                                                                                                           March 2, 2015 (80 FR 11140). The
                                                                                                                                                                 FPIs to detect cracks, rather than shaft
                                                                                                           NPRM was prompted by in-shop
                                                  Airworthiness Directives; Pratt &                                                                              removal at 20,000 CSN, would likely
                                                                                                           findings of fatigue cracks on the No. 4.5
                                                  Whitney Turbofan Engines                                 bearing thread undercut adjacent to the               result in an increased number of LPT
                                                                                                           oil feed holes. The cracks were                       shafts cracking in service, a greater risk
                                                  AGENCY:  Federal Aviation                                                                                      of undetected cracked shafts being
                                                  Administration (FAA), DOT.                               discovered during routine fluorescent
                                                                                                           penetrant inspections (FPIs). Both shafts             returned to service, and an unacceptable
                                                  ACTION: Final rule.                                                                                            risk of shaft failure. We determined that
                                                                                                           had oil feed hole enlargement rework
                                                                                                           accomplished. The root cause is                       long-term continued operational safety
                                                  SUMMARY:    We are adopting a new
                                                                                                           increased stress on the fillet of the                 is enhanced by a terminating action that
                                                  airworthiness directive (AD) for all Pratt
                                                                                                           thread undercut region in front of the oil            removes affected shafts from service
                                                  & Whitney (PW) JT8D–217C and JT8D–
                                                                                                           feed holes caused by oil feed hole                    rather than by increasing the occurrence
                                                  219 turbofan engines. This AD was
                                                                                                           rework. The increased stress reduces the              of repetitive inspections. We did not
                                                  prompted by reports of cracking in the
                                                                                                           low cycle fatigue life of the shaft. The              change this AD.
                                                  low-pressure turbine (LPT) shaft. This
                                                  AD requires removing affected LPT                        NPRM proposed to require removing                     Request To Reduce Costs
                                                  shafts from service using a drawdown                     affected LPT shafts from service using a
                                                  plan. We are issuing this AD to prevent                  drawdown plan. We are issuing this AD                    DAL and Allegiant Air requested
                                                  failure of the LPT shaft, which could                    to prevent failure of the LPT shaft,                  retaining the existing life limit or
                                                  lead to an uncontained engine failure                    which could lead to an uncontained                    increasing the occurrence of
                                                  and damage to the airplane.                              engine failure and damage to the                      inspections. The commenters stated that
                                                                                                           airplane.                                             the life reduction in the NPRM places
                                                  DATES: This AD is effective August 25,
                                                                                                                                                                 an undue economic burden on the U.S.
                                                  2015.                                                    Related Service Information                           fleet by forcing early engine removals.
                                                  ADDRESSES: For service information                         We reviewed PW Service Bulletin
                                                  identified in this AD, contact Pratt &                                                                            We do not agree. We mitigated the
                                                                                                           (SB) No. JT8D 6504, dated November 5,                 operational and financial impacts by
                                                  Whitney, 400 Main St., East Hartford,                    2014. The SB contains additional
                                                  CT 06108; phone: 860–565–8770; fax:                                                                            providing a drawdown plan rather than
                                                                                                           information regarding removal of the                  requiring removal before further flight,
                                                  860–565–4503. You may view this                          LPT shaft.
                                                  service information at the FAA, Engine                                                                         while providing an acceptable level of
                                                  & Propeller Directorate, 12 New England                  Comments                                              safety. We did not change this AD.
                                                  Executive Park, Burlington, MA. For                        We gave the public the opportunity to               Conclusion
                                                  information on the availability of this                  participate in developing this AD. The
                                                  material at the FAA, call 781–238–7125.                  following presents the comments                         We reviewed the relevant data,
                                                                                                           received on the NPRM (80 FR 11140,                    considered the comments received, and
                                                  Examining the AD Docket                                                                                        determined that air safety and the
                                                                                                           March 2, 2015) and the FAA’s response
                                                    You may examine the AD docket on                       to each comment.                                      public interest require adopting this AD
                                                  the Internet at http://                                                                                        as proposed.
                                                  www.regulations.gov by searching for                     Request To Withdraw the NPRM
                                                                                                                                                                 Costs of Compliance
                                                  and locating Docket No. FAA–2014–                           Delta Air Lines (DAL) and Allegiant
                                                  1127; or in person at the Docket                         Air requested that the current LPT shaft                 We estimate that this AD will affect
                                                  Management Facility between 9 a.m.                       life limit of 25,000 cycles-since-new                 about 744 engines installed on airplanes
                                                  and 5 p.m., Monday through Friday,                       (CSN) be retained rather than removing                of U.S. registry. The average labor rate
                                                  except Federal holidays. The AD docket                   the LPT shaft from service at 20,000                  is $85 per hour. We estimate the pro-
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  contains this AD, the regulatory                         CSN as proposed in the NPRM. The                      rated replacement cost would be
                                                  evaluation, any comments received, and                   commenters stated that reducing the life              $28,230. We also estimate that shaft
                                                  other information. The address for the                   limit is unjustified because there has not            replacement would be accomplished
                                                  Docket Office (phone: 800–647–5527) is                   been an in-service LPT shaft failure of               during an engine shop visit at no
                                                  Document Management Facility, U.S.                       the type addressed.                                   additional labor cost. Based on these
                                                  Department of Transportation, Docket                        We do not agree. We determined that                figures, we estimate the cost of the
                                                  Operations, M–30, West Building                          an acceptable level of safety would not               proposed AD on U.S. operators to be
                                                  Ground Floor, Room W12–140, 1200                         be maintained if LPT shafts are allowed               $21,003,120.


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Document Created: 2018-02-23 09:23:19
Document Modified: 2018-02-23 09:23:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective July 21, 2015.
ContactMr. George Apgar Balady, Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236; (301) 851-2240.
FR Citation80 FR 43009 
CFR AssociatedCoffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables

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