[Federal Register Volume 69, Number 56 (Tuesday, March 23, 2004)]
[Rules and Regulations]
[Pages 13457-13458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6458]



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 Rules and Regulations
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  Federal Register / Vol. 69, No. 56 / Tuesday, March 23, 2004 / Rules 
and Regulations  

[[Page 13457]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 03-057-2]


Japanese Beetle; Domestic Quarantine and Regulations

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the Japanese beetle quarantine and regulations by 
adding Colorado and Montana to the list of protected States. The 
interim rule was necessary to prevent the spread of Japanese beetle 
into noninfested areas of the United States.

EFFECTIVE DATE: The interim rule became effective on July 18, 2003.

FOR FURTHER INFORMATION CONTACT: Dr. S. Anwar Rizvi, Program Manager, 
Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit 
134, Riverdale, MD 20737-1231; (301) 734-4313.

SUPPLEMENTARY INFORMATION:

Background

    The Japanese beetle (Popillia japonica) feeds on fruits, 
vegetables, and ornamental plants and is capable of causing damage to 
over 300 potential hosts. The Japanese beetle quarantine and 
regulations, contained in 7 CFR 301.48 through 301.48-8 (referred to 
below as the regulations), quarantine the States of Alabama, 
Connecticut, Delaware, Georgia, Illinois, Indiana, Kentucky, Maine, 
Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, 
New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, 
South Carolina, Tennessee, Vermont, Virginia, West Virginia, Wisconsin, 
and the District of Columbia and restrict the interstate movement of 
aircraft from regulated airports in these States in order to prevent 
the spread of the Japanese beetle to noninfested States where the 
Japanese beetle could become established. Those noninfested States 
where the Japanese beetle could become established are referred to as 
protected States and are listed in Sec.  301.48(b).
    In an interim rule effective July 18, 2003, and published in the 
Federal Register on July 24, 2003 (68 FR 43613-43614, Docket No. 03-
057-1), we amended the regulations by adding Colorado and Montana to 
the list of protected States.
    Comments on the interim rule were required to be received on or 
before September 22, 2003. We received one comment by that date. The 
comment was from a State agricultural agency and supported the interim 
rule. Therefore, for the reasons given in the interim rule, we are 
adopting the interim rule as a final rule.
    This action also affirms the information contained in the interim 
rule concerning Executive Orders 12866, 12372, and 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 rule affirms an interim rule that amended the Japanese beetle 
quarantine and regulations by adding Colorado and Montana to the list 
of protected States. The interim rule was necessary to prevent the 
spread of Japanese beetle into noninfested areas of the United States.
    The following analysis addresses the economic effect of this rule 
on small entities, as required by the Regulatory Flexibility Act.
    The Japanese beetle is a highly destructive plant pest of foreign 
origin. It was first found in the United States in a nursery in 
southern New Jersey in 1916. In its native Japan, where the beetle's 
natural enemies keep its population in check, it is not a serious pest. 
In the United States however, the beetle entered without its natural 
enemies and found a favorable climate and an abundant food supply. By 
1972, beetle infestations had been reported in 22 States east of the 
Mississippi River and also in Iowa and Missouri. The Japanese beetle 
has continued to disperse south and west without any natural enemies to 
slow its spread.
    Both the adult and grub Japanese beetles are destructive plant 
pests. The adult beetles are known to feed on more than 400 species of 
broad-leaf plants, although only about 50 species are preferred. The 
grubs will also feed on a wide variety of plant roots, especially turf 
grass. The Japanese beetle is responsible for several millions of 
dollars in damages to U.S. agriculture each year.
    As a result of the interim rule's addition of Colorado and Montana 
to the list of protected States, aircraft from regulated airports in 
any State quarantined because of the Japanese beetle must meet certain 
requirements before departing for Colorado or Montana to ensure the 
aircraft is free of Japanese beetle. The interim rule was necessary to 
reduce the risk of Japanese beetle becoming established in Colorado and 
Montana.
    In 2001, all crop receipts for Colorado were approximately $1.4 
billion. Feed crops comprised approximately 45 percent of all crops 
followed by vegetables (18 percent), food grains (16 percent), and 
greenhouse/nursery (15 percent).

            Table 1.--2001 Colorado Cash Receipts, All Crops
------------------------------------------------------------------------
                                         Value  (1,000
                Crops                      dollars)         Percentage
------------------------------------------------------------------------
Food grains.........................             210,120              16
Feed................................             606,874              45
Oil.................................              17,521               1

[[Page 13458]]

 
Vegetables..........................             244,264              18
Fruits, nuts........................              19,242               1
Greenhouse/nursery..................             207,237              15
All other...........................              49,207               4
    Total...........................           1,354,465             100
------------------------------------------------------------------------

    In 2001, all crop receipts for Montana were approximately $657 
million. Food grains comprised approximately 56 percent of all crops 
followed by feed crops (26 percent) and all other (8 percent).

             Table 2.--2001 Montana Cash Receipts, All Crops
------------------------------------------------------------------------
                                         Value  (1,000
                Crops                      dollars)         Percentage
------------------------------------------------------------------------
Food grains.........................             366,398              56
Feed................................             175,184              26
Oil.................................               9,087               1
Vegetables..........................              31,410             5.5
Fruits, nuts........................               1,371             0.5
Greenhouse/nursery..................              16,860               3
All other...........................              56,938               8
    Total...........................             657,248             100
------------------------------------------------------------------------

    The majority of the producers in Colorado and Montana can be 
classified as small entities according to the Small Business 
Administration (SBA) criterion of $750,000 or less in annual receipts. 
Agricultural producers play an important role in the States' economies. 
Thus, the benefits of protecting these States from infestation of 
Japanese beetle are worth the minor costs of inspection and treatment 
of air cargo.
    The groups affected by this action will be air carriers flying from 
regulated airports in quarantined States to the protected States of 
Colorado and Montana. The additional costs incurred by the affected air 
carriers are expected to be minimal because the protocols and 
procedures are already established and followed for air cargo destined 
for any of the seven other protected States.
    The majority of air cargo is transported within the United States 
by nine large businesses (Airborne, Burlington Express, DHL, Dynair, 
Emery Worldwide, Evergreen, FedEx, and United Parcel Service). 
According to SBA, an air carrier with more than 1,500 employees is 
considered large. The exact number or percentage of small air carriers 
who will be affected is currently unknown; however the economic effects 
will be limited because many entities already comply with the 
regulations in order to transport cargo to other protected States.
    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 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

PART 301--DOMESTIC QUARANTINE NOTICES

0
Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 68 
FR 43613-43614 on July 24, 2003.

    Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.
    Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also 
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 
U.S.C. 1421 note).

    Done in Washington, DC, this 17th day of March, 2004 .
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-6458 Filed 3-22-04; 8:45 am]
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