[Federal Register: June 21, 2006 (Volume 71, Number 119)]
[Rules and Regulations]
[Page 35491-35493]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn06-2]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2006-0081]
Japanese Beetle; Addition of Iowa to the List of Quarantined
States
AGENCY: Animal and Plant Health Inspection Service, USDA.
[[Page 35492]]
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 Iowa 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 June 21, 2006. We will consider
all comments that we receive on or before August 21, 2006.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov
and, in the lower ``Search Regulations and Federal
Actions'' box, select ``Animal and Plant Health Inspection Service''
from the agency drop-down menu, then click on ``Submit.'' In the Docket
ID column, select APHIS-2006-0081 to submit or view public comments and
to view supporting and related materials available electronically.
Information on using Regulations.gov, including instructions for
accessing documents, submitting comments, and viewing the docket after
the close of the comment period, is available through the site's ``User
Tips'' link.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. APHIS-
2006-0081, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. APHIS-2006-0081.
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: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
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, Arkansas,
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 Iowa is now infested with the Japanese
beetle. In view of this development, we have determined that the State
of Iowa should be listed as a quarantined State prior to the start of
the 2006 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 Iowa to the list
of quarantined States.
Emergency Action
This rulemaking is necessary on an emergency basis to prevent the
spread of Japanese beetle into 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 Iowa 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, all agricultural crop receipts for the nine protected
States (Arizona, California, Colorado, Idaho, Montana, Nevada, Oregon,
Utah, and Washington) totaled $30.6 billion.\1\ The majority of these
agricultural producers can be classified as small entities under the
Small Business Administration's (SBA) criterion of $750,000 or less in
annual
[[Page 35493]]
receipts. Agricultural production is an important part of these nine
protected States' economies. Reducing the risk of Japanese beetle
introduction into protected States is worth the slight costs associated
with inspection and occasional treatment for air carriers with flights
to these States that originate in Iowa.
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\1\ Source: United States Department of Agriculture, National
Agricultural Statistics Service, 2002 Census of Agriculture.
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Entities affected by this action will be air carriers flying from
regulated airports in Iowa to a protected State. The majority of air
cargo is transported by large businesses. According to the SBA, an air
carrier with more than 1,500 employees is considered large. The number
of small air carriers that will be impacted is not known. We expect
economic impacts of the rule may be limited because many air carriers
are already treating cargo transported from other quarantined States to
the 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 rule contains no new 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.
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Accordingly, we are amending 7 CFR part 301 as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
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1. The authority citation for part 301 continues to read as follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80,
and 371.3.
Section 301.75-15 also issued under Sec. 204, Title II, Public
Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16
also issued under Sec. 203, Title II, Public Law 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
``Iowa,'' before the word ``Kentucky''.
Done in Washington, DC, this 15th day of June 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-9728 Filed 6-20-06; 8:45 am]
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