[Federal Register: March 23, 2004 (Volume 69, Number 56)]
[Rules and Regulations]
[Page 13457-13458]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr04-1]
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Rules and Regulations
Federal Register
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[[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
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Value (1,000
Crops dollars) Percentage
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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
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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
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Value (1,000
Crops dollars) Percentage
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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
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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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