Japanese Beetle; Addition of Iowa to the List of Quarantined States, 35491-35493 [E6-9728]

Download as PDF 35491 Rules and Regulations Federal Register Vol. 71, No. 119 Wednesday, June 21, 2006 under the regulations at 7 CFR 2.20(a)(2)(xx) and 2.20(a)(3)(xiii)(B). The Under Secretary, NRE, delegated authority for the administration of technical assistance for the Conservation Reserve Program to the Chief, Forest Service, under the The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of regulations at 7 CFR 2.60(a)(20) and to new books are listed in the first FEDERAL the Chief, Natural Resources REGISTER issue of each week. Conservation Service, under the regulations at 7 CFR 2.61(a)(13)(ii). This rule delegates from the Secretary, DEPARTMENT OF AGRICULTURE to the Under Secretary, FFAS, and from Office of the Secretary the Under Secretary, FFAS, to the Administrator, FSA, the authority to 7 CFR Part 2 implement technical assistance with respect to the Conservation Reserve RIN 0560–AH51 Program. Revisions of Delegations of Authority The delegations of authority from the Secretary to the Under Secretary, NRE, AGENCY: Office of the Secretary, and from the Under Secretary, NRE, to Department of Agriculture (USDA). the Chief, Forest Service, and to the ACTION: Final rule. Chief, Natural Resources Conservation SUMMARY: USDA amends the delegations Service, are not changed by this rule. of authority from the Secretary of This rule relates to internal agency Agriculture to the Under Secretary for management. Therefore, pursuant to 5 Farm and Foreign Agricultural Services U.S.C. 553, notice of proposed and to the Administrator, Farm Service rulemaking and opportunity for Agency, for technical assistance comment are not required, and this rule determinations for the Conservation may be made effective less than 30 days Reserve Program. after publication in the Federal DATES: This rule is effective June 21, Register. Further, because this rule 2006. relates to internal agency management, it is exempt from the provisions of FOR FURTHER INFORMATION CONTACT: Executive Order Nos. 12291 and 12866. Robert Stephenson, Director, Finally, this action is not a rule as Conservation and Environmental defined by the Regulatory Flexibility Programs Division, Farm Service Act, Public Law 96–354 et seq., and is Agency, USDA/FSA/STOP 0513, 1400 Independence Avenue, SW., therefore exempt from the provisions of Washington, DC 20250–0513, (202) 720– that Act. 6221. List of Subjects in 7 CFR Part 2 SUPPLEMENTARY INFORMATION: The Secretary of Agriculture previously Administrative practice and delegated authority under the Food procedure, Authority delegations— Security Act of 1985, as amended (16 Government agencies. U.S.C. 1231 et seq.), for the I Accordingly, Title 7 of the Code of Conservation Reserve Program (CRP) to Federal Regulations is amended as the Under Secretary for Farm and follows: Foreign Agricultural Services (FFAS) under the regulations at 7 CFR PART 2—DELEGATIONS OF 2.16(a)(1)(xviii), and the Under AUTHORITY BY THE SECRETARY OF Secretary, FFAS, delegated authority to the Administrator, Farm Service Agency AGRICULTURE AND GENERAL OFFICERS OF THE DEPARTMENT (FSA), under the regulations at 7 CFR 2.42(a)(20). I 1. The authority citation for 7 CFR Authority was also delegated for the part 2 continues to read as follows: administration of technical assistance for the Conservation Reserve Program to Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C. the Under Secretary for Natural 301; Reorganization Plan No. 2 of 1953; 3 Resources and the Environment (NRE) CFR 1949–1953 Comp., p. 1024. sroberts on PROD1PC70 with RULES This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. VerDate Aug<31>2005 16:35 Jun 20, 2006 Jkt 208001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 Subpart C—Delegations of Authority to the Deputy Secretary and to the Under Secretaries and Assistant Secretaries 2. In § 2.16, paragraph (a)(1)(xviii) is revised to read as follows: I § 2.16 Under Secretary for Farm and Foreign Agricultural Services. * * * * * (a) * * * (1) * * * (xviii) Formulate and carry out the Conservation Reserve Program, including the implementation of technical assistance, under the Food Security Act of 1985, as amended (16 U.S.C. 1231 et seq.). * * * * * I 3. In § 2.42, paragraph (a)(20) is revised read as follows: § 2.42 Administrator, Farm Service Agency. * * * * * (a) * * * (20) Formulate and carry out the Conservation Reserve Program, including the implementation of technical assistance, under the Food Security Act of 1985, as amended (16 U.S.C. 1232 et seq.). * * * * * For Part 2, Subpart C, Paragraph 2.16(a)(1)(xviii): Dated: June 14, 2006. Michael Johanns, Secretary of Agriculture. For Part 2, Subpart C, Paragraph 2.42(a)(20): Dated: June 13, 2006. J.B. Penn, Under Secretary for Farm and Foreign Agricultural Services. [FR Doc. E6–9614 Filed 6–20–06; 8:45 am] BILLING CODE 3410–01–P 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 Animal and Plant Health Inspection Service, USDA. AGENCY: E:\FR\FM\21JNR1.SGM 21JNR1 35492 Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Rules and Regulations Interim rule and request for comments. ACTION: 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. This interim rule is effective June 21, 2006. We will consider all comments that we receive on or before August 21, 2006. DATES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to https://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 https://www.aphis.usda.gov. ADDRESSES: 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. sroberts on PROD1PC70 with RULES FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 16:35 Jun 20, 2006 Jkt 208001 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 § 301.48. The Japanese beetle is active during daylight hours only. Under § 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 § 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, PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 and safeguarded in accordance with the requirements described in § 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 § 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 1 Source: United States Department of Agriculture, National Agricultural Statistics Service, 2002 Census of Agriculture. E:\FR\FM\21JNR1.SGM 21JNR1 Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Rules and Regulations 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. 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.). sroberts on PROD1PC70 with RULES List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. I Accordingly, we are amending 7 CFR part 301 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: I VerDate Aug<31>2005 16:35 Jun 20, 2006 Jkt 208001 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). § 301.48 2. In § 301.48, paragraph (a) is amended by adding the word ‘‘Iowa,’’ before the word ‘‘Kentucky’’. I 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] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 932 [Docket No. FV06–932–1 FIR] Olives Grown in California; Decreased Assessment Rate Agricultural Marketing Service, USDA. ACTION: Final rule. AGENCY: SUMMARY: The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that decreased the assessment rate established for the California Olive Committee (committee) for the 2006 and subsequent fiscal years from $15.68 to $11.03 per assessable ton of olives handled. The committee locally administers the marketing order that regulates the handling of olives grown in California. Assessments upon olive handlers are used by the committee to fund reasonable and necessary expenses of the program. The fiscal year began January 1 and ends December 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective Date: July 21, 2006. FOR FURTHER INFORMATION CONTACT: Laurel May, Marketing Specialist, or Kurt Kimmel, Regional Manager, California Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 2202 Monterey Street, Suite 102B, Fresno, CA 93721; Telephone: (559) 487–5901, Fax: (559) 487–5906. Small businesses may request information on complying with this regulation by contacting Jay Guerber, PO 00000 Frm 00003 Fmt 4700 Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250–0237; Telephone: (202) 720– 2491, Fax: (202) 720–8938, or E-mail: Jay.Guerber@usda.gov. This rule is issued under Marketing Agreement No. 148 and Order No. 932, both as amended (7 CFR part 932), regulating the handling of olives grown in California, hereinafter referred to as the ‘‘order.’’ The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674), hereinafter referred to as the ‘‘Act.’’ USDA is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, California olive handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as issued herein will be effective beginning on January 1, 2006, apply to all assessable olives from the current crop year, and will continue until amended, suspended, or terminated. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA’s ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule continues in effect the action that decreased the assessment rate established for the committee for the 2005 and subsequent fiscal years from $15.68 to $11.03 per ton of assessable olives from the applicable crop years. The California olive marketing order provides authority for the committee, SUPPLEMENTARY INFORMATION: [Amended] Sfmt 4700 35493 E:\FR\FM\21JNR1.SGM 21JNR1

Agencies

[Federal Register Volume 71, Number 119 (Wednesday, June 21, 2006)]
[Rules and Regulations]
[Pages 35491-35493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9728]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 https://
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 https://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.
---------------------------------------------------------------------------

    \1\ Source: United States Department of Agriculture, National 
Agricultural Statistics Service, 2002 Census of Agriculture.
---------------------------------------------------------------------------

    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.


0
Accordingly, we are amending 7 CFR part 301 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 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]

0
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]
BILLING CODE 3410-34-P

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