[Federal Register Volume 69, Number 196 (Tuesday, October 12, 2004)]
[Rules and Regulations]
[Page 60537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22791]



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  Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / 
Rules and Regulations  

[[Page 60537]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 04-032-2]


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 regulations to add the State of 
Arkansas to the list of quarantined States. The interim rule was 
necessary to prevent the artificial spread of Japanese beetle into 
noninfested areas of the United States.

DATES: The interim rule became effective on July 6, 2004.

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 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.
    In an interim rule effective and published in the Federal Register 
on July 6, 2004 (69 FR 40533-40534, Docket No. 04-032-1), we amended 
the Japanese beetle regulations by adding Arkansas to the list of 
quarantined States in Sec.  301.48.
    Comments on the interim rule were required to be received on or 
before September 7, 2004. We did not receive any comments. 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 Order 12866 and the Regulatory Flexibility 
Act, Executive Orders 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.

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 69 
FR 40533-40534 on July 6, 2004.

    Done in Washington, DC, this 5th day of October 2004.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-22791 Filed 10-8-04; 8:45 am]
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