[Federal Register Volume 60, Number 132 (Tuesday, July 11, 1995)]
[Proposed Rules]
[Pages 35712-35713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16886]



 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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.
 
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 

  Federal Register / Vol. 60, No. 132 / Tuesday, July 11, 1995 / 
Proposed Rules  


[[Page 35712]]


DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 95-002-1]


Khapra Beetle; Brassware and Wooden Screens From India

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to remove brassware and wooden screens from 
Bombay, India, from the list of articles whose importation into the 
United States is restricted because of possible infestation with the 
khapra beetle. This action would allow the importation of these 
articles without fumigation and other restrictions. We believe this 
action is warranted because brassware and wooden screens from Bombay, 
India, no longer present a significant risk of introducing the khapra 
beetle into the United States.

DATES: Consideration will be given only to comments received on or 
before August 10, 1995.
ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 95-002-1, Regulatory Analysis and Development, PPD, APHIS, 
Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. 
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: Ms. Jane Levy, Staff Officer, Port 
Operations Permit Unit , PPQ, APHIS, Suite 4A03, 4700 River Road Unit 
136, Riverdale, MD 20737-1236; (301) 734-8295.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR part 319.75 through 319.75-9 (referred to 
below as the regulations), specify required procedures for importing 
certain articles into the United States. The purpose of the regulations 
is to protect against the introduction of khapra beetle into the United 
States.
    The khapra beetle (Trogoderma granarium Everts) is a plant pest 
that damages grain and cereal products, seeds, cottonseed meal, nut 
meats, dried fruits, and other products. This pest can cause serious 
damage to stored products. When infested products are left undisturbed 
in storage for long periods of time, total loss can be expected.
    The regulations impose restrictions on those articles that present 
a significant risk of carrying the khapra beetle at the time of 
importation into the United States. The articles subject to 
restrictions are designated as restricted articles. Restricted articles 
may be imported into the United States only when treated by fumigation 
as required in Sec. 319.75-4 of the regulations, and when specified 
permit, marking, identification, and notification requirements are met.
    The list of restricted articles in Sec. 319.75-2 of the current 
regulations includes brassware and wooden screens from Bombay, India. 
We are proposing to remove brassware and wooden screens from Bombay, 
India, from the list of restricted articles. Numerous requests from 
importers have encouraged the Animal and Plant Health Inspection 
Service (APHIS) to revise the current restrictions. APHIS has 
determined that wooden screens and brassware no longer present a 
significant risk of introducing the khapra beetle into the United 
States. These articles are no longer stored in khapra beetle infested 
warehouses in Bombay, India, and are now packed in paper and plastic 
rather than in jute bagging and straw, which are materials that the 
khapra beetle live in.
    Therefore, we are proposing to remove brassware and wooden screens 
from Bombay, India, from the list of restricted articles in 
Sec. 319.75-2. We are also proposing to remove references to brassware 
and wooden screens from Sec. 319.75-4, which sets out fumigation 
requirements.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    The major economic impact of this proposed rule will be on methyl 
bromide producers and fumigators, and on domestic importers of 
brassware products. Ten percent of methyl bromide fumigation in the 
United States in FY 1993 was used on brassware products from India. The 
economic effect on the fumigators will be important only in the next 
few years because under provisions of a final rule published by the 
Environmental Protection Agency in the Federal Register on December 10, 
1993 (58 FR 65018-65082), domestic use of methyl bromide must be phased 
out by the year 2001.
    Fumigation using methyl bromide is done mainly by private 
contractors at the ports of entry, under the supervision of APHIS 
inspectors. Brassware is fumigated by approximately 17 private 
contractors at the following ports of entry: Los Angeles, San 
Francisco, and San Pedro, CA; Miami, FL; Savannah, GA; Chicago, IL; New 
Orleans, LA; Detroit, MI; Wilmington, NC; Elizabeth, NJ; Brooklyn, NY; 
Cleveland, OH; Charleston, SC; Houston, TX; Norfolk, VA; and Seattle, 
WA.
    Methyl bromide is produced by two chemical manufacturers in the 
United States who, in turn, sell to distributors who may or may not be 
end users. Small Business Administration (SBA) standards consider 
agricultural chemical manufacturers and retailers small businesses if 
they employ 500 people or less. Methyl bromide manufacturers would not 
be considered small by these standards. The number of distributors of 
methyl bromide is not known. However, out of the 12 commercial 
suppliers listed in APHIS' Plant Protection and Quarantine Treatment 
Manual, which was revised in 1993, only one other company besides the 
primary manufacturer remains in business as a supplier/distributor of 
methyl bromide in the United States. APHIS estimates that over 90 
percent of methyl bromide 

[[Page 35713]]
fumigators would be considered small by SBA standards.
    In FY 1993, approximately 37,800 pounds of methyl bromide was used 
to fumigate brassware products from India. Based on this figure, 
exempting Indian brassware products from fumigation, which costs 
approximately $1.50 a pound, would result in fumigators as a group 
losing about $56,700 a year in sales of methyl bromide. The contractor 
charges for methyl bromide and labor are approximately $275 per 
fumigation. In addition, those fumigators would also lose the unloading 
and loading charges of approximately $500 per fumigation. At the Long 
Beach, CA, port of entry the approximate annual revenue of methyl 
bromide fumigators for brassware fumigations was $337,400. Long Beach 
comprises 37.7 percent of the national brassware fumigations. Using the 
Long Beach estimate as a base, methyl bromide fumigators may lose 
approximately $894,960 on brassware fumigations nationwide.
    Information on the number of importers of brassware from Bombay, 
India, is unavailable. Domestic importers would save on the treatment 
costs. The treatment costs include the charges of methyl bromide 
fumigators and overtime costs for APHIS inspectors during fumigations. 
In Long Beach, CA, the annual overtime charges are approximately 
$37,400. Using the Long Beach estimate as a base, overtime charges 
nationwide would be approximately $100,000 annually. As a group, 
importers would save about $1 million a year in overtime and contractor 
charges.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. 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.

Paperwork Reduction Act

    This proposed rule contains no information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1980 
(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, and 450; 21 
U.S.C. 136 and 136a; 7 CFR 2.17, 2.51, and 371.2(c).


Sec. 319.75-2  [Amended]

    2. Section 319.75-2 would be amended by removing paragraph (a)(2) 
and by redesignating paragraphs (a)(3) through (a)(8) as (a)(2) through 
(a)(7), respectively.


Sec. 319.75-4  [Amended]

    3. In Sec. 319.75-4, paragraph (a) introductory text would be 
amended by removing the words ``Brassware; wooden screens; goatskins;'' 
and by adding the word ``Goatskins;'' in their place.

    Done in Washington, DC, this 30th day of June 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-16886 Filed 7-10-95; 8:45 am]
BILLING CODE 3410-34-P