[Federal Register Volume 69, Number 128 (Tuesday, July 6, 2004)]
[Rules and Regulations]
[Pages 40533-40534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15214]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 69, No. 128 / Tuesday, July 6, 2004 / Rules
and Regulations
[[Page 40533]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 04-032-1]
Japanese Beetle; Domestic Quarantine and Regulations
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the Japanese beetle quarantine and regulations
to add the State of Arkansas to the list of quarantined States. This
action is necessary to prevent the artificial spread of Japanese beetle
into noninfested areas of the United States.
DATES: This interim rule is effective July 6, 2004. We will consider
all comments that we receive on or before September 7, 2004.
ADDRESSES: You may submit comments by any of the following methods:
EDOCKET: Go to http://www.epa.gov/feddocket to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once you have entered
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 04-032-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 04-032-1.
E-mail: Address your comment to
[email protected]. Your comment must be contained in the body
of your message; do not send attached files. Please include your name
and address in your message and ``Docket No. 04-032-1'' on the subject
line.
Agency Web site: Go to http://www.aphis.usda.gov/ppd/rad/cominst.html for a form you can use to submit an e-mail comment through
the APHIS Web site.
Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for locating this
docket and submitting comments.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: You may view APHIS documents published in the
Federal Register and related information, including the names of groups
and individuals who have commented on APHIS dockets, on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. S. Anwar Rizvi, Program Manager,
Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit
134, Riverdale, MD 20737-1236; (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 artificial spread of the Japanese beetle to noninfested States
where the Japanese beetle could become established (referred to below
as protected States). The list of quarantined States, as well as the
list of protected States, can be found in Sec. 301.48.
The Japanese beetle is active during daylight hours only. Under
Sec. 301.48-2 of the regulations, an inspector of the Animal and Plant
Health Inspection Service (APHIS) may designate any airport within a
quarantined State as a regulated airport if he or she determines that
adult populations of Japanese beetle exist during daylight hours at the
airport to the degree that aircraft using the airport constitute a
threat of artificially spreading the Japanese beetle and aircraft
destined for any of the nine protected States (Arizona, California,
Colorado, Idaho, Montana, Nevada, Oregon, Utah, and Washington) may be
leaving the airport.
Also, under Sec. 301.48-4 of the regulations, aircraft from
regulated airports may move interstate to a protected State only if:
(1) An inspector, upon visual inspection of the airport and/or the
aircraft, determines that the aircraft does not present a threat of
artificially spreading the Japanese beetle because adult beetle
populations are not present; or (2) the aircraft is opened and loaded
only while it is enclosed in a hangar that APHIS has determined to be
free of and safeguarded against Japanese beetle; or (3) the aircraft is
loaded during the hours of 8 p.m. to 7 a.m. (generally non-daylight
hours) only or lands and departs during those hours and, in either
situation, is kept completely closed while on the ground during the
hours of 7 a.m. to 8 p.m.; or (4) if opened and loaded during daylight
hours, the aircraft is inspected, treated, and safeguarded in
accordance with the requirements described in Sec. 301.48-4(d).
APHIS and State plant health officials constantly monitor the
Japanese beetle population in the United States. Trapping surveys
indicate that the State of Arkansas is now infested with the Japanese
beetle. In addition, two new commercial air carriers have recently
begun service from Little Rock, AR, to some of those protected Western
States listed in Sec. 301.48(b). In view of these developments, we
have determined that the State of Arkansas should be listed as
[[Page 40534]]
a quarantined State prior to the start of the 2004 season of Japanese
beetle activity, which begins in mid-June in many parts of the country.
Therefore, in this interim rule we are amending the regulations in
Sec. 301.48(a) by adding Arkansas to the list of quarantined States.
Emergency Action
This rulemaking is necessary on an emergency basis to prevent the
artificial spread of Japanese beetle to noninfested areas of the United
States. Under these circumstances, the Administrator has determined
that prior notice and opportunity for public comment are contrary to
the public interest and that there is good cause under 5 U.S.C. 553 for
making this rule effective less than 30 days after publication in the
Federal Register.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). After the comment period closes,
we will publish another document in the Federal Register. The document
will include a discussion of any comments we receive and any amendments
we are making to the rule.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review under
Executive Order 12866.
We are amending the Japanese beetle quarantine and regulations to
add the State of Arkansas to the list of quarantined States. This
action is necessary to prevent the artificial spread of Japanese beetle
into noninfested areas of the United States.
In 2002, agricultural crop receipts for the nine Japanese beetle
protected States (Arizona, California, Colorado, Idaho, Montana,
Nevada, Oregon, Utah, and Washington) totaled $32 billion. A majority
of the agricultural producers in those States can be classified as
small entities under the guidelines set by the Small Business
Administration (SBA) of $750,000 or less in annual receipts.
Agricultural production is an important part of these nine protected
States' economies. The benefits of protecting these States from
Japanese beetle are worth the slight costs associated with inspections
and/or occasional treatments within quarantined States as required by
the regulations.
The groups affected by this action will be air carriers flying from
regulated airports in Arkansas to protected States. The cost incurred
by these entities is not expected to significantly change due to the
few flights that will ultimately require treatment. While it is
impossible to know exactly how many flights will require inspection
and/or treatment for Japanese beetle, the number is expected to be
small.
The majority of air cargo is transported by large businesses.
According to SBA size standards, an air carrier with more than 1,500
employees is considered to be large. The exact number or percentage of
small air carriers who may be affected is not currently known, however
the economic impacts will be limited since many entities are already
required to treat cargo transported to those States currently listed as
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.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V)
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This interim rule contains no 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 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
0
Accordingly, 7 CFR part 301 is amended as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
0
1. The authority citation for part 301 continues to read as follows:
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).
Sec. 301.48 [Amended]
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2. In Sec. 301.48, paragraph (a) is amended by adding the word
``Arkansas,'' after the word ``Alabama,''.
Done in Washington, DC, this 30th day of June, 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-15214 Filed 7-2-04; 8:45 am]
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