[Federal Register Volume 60, Number 132 (Tuesday, July 11, 1995)]
[Proposed Rules]
[Pages 35712-35713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16886]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 132 / Tuesday, July 11, 1995 /
Proposed Rules
[[Page 35712]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 95-002-1]
Khapra Beetle; Brassware and Wooden Screens From India
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to remove brassware and wooden screens from
Bombay, India, from the list of articles whose importation into the
United States is restricted because of possible infestation with the
khapra beetle. This action would allow the importation of these
articles without fumigation and other restrictions. We believe this
action is warranted because brassware and wooden screens from Bombay,
India, no longer present a significant risk of introducing the khapra
beetle into the United States.
DATES: Consideration will be given only to comments received on or
before August 10, 1995.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 95-002-1, Regulatory Analysis and Development, PPD, APHIS,
Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238.
Comments received may be inspected at USDA, room 1141, South Building,
14th Street and Independence Avenue SW., Washington, DC, between 8 a.m.
and 4:30 p.m., Monday through Friday, except holidays. Persons wishing
to inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Ms. Jane Levy, Staff Officer, Port
Operations Permit Unit , PPQ, APHIS, Suite 4A03, 4700 River Road Unit
136, Riverdale, MD 20737-1236; (301) 734-8295.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR part 319.75 through 319.75-9 (referred to
below as the regulations), specify required procedures for importing
certain articles into the United States. The purpose of the regulations
is to protect against the introduction of khapra beetle into the United
States.
The khapra beetle (Trogoderma granarium Everts) is a plant pest
that damages grain and cereal products, seeds, cottonseed meal, nut
meats, dried fruits, and other products. This pest can cause serious
damage to stored products. When infested products are left undisturbed
in storage for long periods of time, total loss can be expected.
The regulations impose restrictions on those articles that present
a significant risk of carrying the khapra beetle at the time of
importation into the United States. The articles subject to
restrictions are designated as restricted articles. Restricted articles
may be imported into the United States only when treated by fumigation
as required in Sec. 319.75-4 of the regulations, and when specified
permit, marking, identification, and notification requirements are met.
The list of restricted articles in Sec. 319.75-2 of the current
regulations includes brassware and wooden screens from Bombay, India.
We are proposing to remove brassware and wooden screens from Bombay,
India, from the list of restricted articles. Numerous requests from
importers have encouraged the Animal and Plant Health Inspection
Service (APHIS) to revise the current restrictions. APHIS has
determined that wooden screens and brassware no longer present a
significant risk of introducing the khapra beetle into the United
States. These articles are no longer stored in khapra beetle infested
warehouses in Bombay, India, and are now packed in paper and plastic
rather than in jute bagging and straw, which are materials that the
khapra beetle live in.
Therefore, we are proposing to remove brassware and wooden screens
from Bombay, India, from the list of restricted articles in
Sec. 319.75-2. We are also proposing to remove references to brassware
and wooden screens from Sec. 319.75-4, which sets out fumigation
requirements.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
The major economic impact of this proposed rule will be on methyl
bromide producers and fumigators, and on domestic importers of
brassware products. Ten percent of methyl bromide fumigation in the
United States in FY 1993 was used on brassware products from India. The
economic effect on the fumigators will be important only in the next
few years because under provisions of a final rule published by the
Environmental Protection Agency in the Federal Register on December 10,
1993 (58 FR 65018-65082), domestic use of methyl bromide must be phased
out by the year 2001.
Fumigation using methyl bromide is done mainly by private
contractors at the ports of entry, under the supervision of APHIS
inspectors. Brassware is fumigated by approximately 17 private
contractors at the following ports of entry: Los Angeles, San
Francisco, and San Pedro, CA; Miami, FL; Savannah, GA; Chicago, IL; New
Orleans, LA; Detroit, MI; Wilmington, NC; Elizabeth, NJ; Brooklyn, NY;
Cleveland, OH; Charleston, SC; Houston, TX; Norfolk, VA; and Seattle,
WA.
Methyl bromide is produced by two chemical manufacturers in the
United States who, in turn, sell to distributors who may or may not be
end users. Small Business Administration (SBA) standards consider
agricultural chemical manufacturers and retailers small businesses if
they employ 500 people or less. Methyl bromide manufacturers would not
be considered small by these standards. The number of distributors of
methyl bromide is not known. However, out of the 12 commercial
suppliers listed in APHIS' Plant Protection and Quarantine Treatment
Manual, which was revised in 1993, only one other company besides the
primary manufacturer remains in business as a supplier/distributor of
methyl bromide in the United States. APHIS estimates that over 90
percent of methyl bromide
[[Page 35713]]
fumigators would be considered small by SBA standards.
In FY 1993, approximately 37,800 pounds of methyl bromide was used
to fumigate brassware products from India. Based on this figure,
exempting Indian brassware products from fumigation, which costs
approximately $1.50 a pound, would result in fumigators as a group
losing about $56,700 a year in sales of methyl bromide. The contractor
charges for methyl bromide and labor are approximately $275 per
fumigation. In addition, those fumigators would also lose the unloading
and loading charges of approximately $500 per fumigation. At the Long
Beach, CA, port of entry the approximate annual revenue of methyl
bromide fumigators for brassware fumigations was $337,400. Long Beach
comprises 37.7 percent of the national brassware fumigations. Using the
Long Beach estimate as a base, methyl bromide fumigators may lose
approximately $894,960 on brassware fumigations nationwide.
Information on the number of importers of brassware from Bombay,
India, is unavailable. Domestic importers would save on the treatment
costs. The treatment costs include the charges of methyl bromide
fumigators and overtime costs for APHIS inspectors during fumigations.
In Long Beach, CA, the annual overtime charges are approximately
$37,400. Using the Long Beach estimate as a base, overtime charges
nationwide would be approximately $100,000 annually. As a group,
importers would save about $1 million a year in overtime and contractor
charges.
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 12778
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This proposed rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by
reference, Nursery stock, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Rice, Vegetables.
Accordingly, 7 CFR part 319 would be amended as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 would continue to read as
follows:
Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, and 450; 21
U.S.C. 136 and 136a; 7 CFR 2.17, 2.51, and 371.2(c).
Sec. 319.75-2 [Amended]
2. Section 319.75-2 would be amended by removing paragraph (a)(2)
and by redesignating paragraphs (a)(3) through (a)(8) as (a)(2) through
(a)(7), respectively.
Sec. 319.75-4 [Amended]
3. In Sec. 319.75-4, paragraph (a) introductory text would be
amended by removing the words ``Brassware; wooden screens; goatskins;''
and by adding the word ``Goatskins;'' in their place.
Done in Washington, DC, this 30th day of June 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-16886 Filed 7-10-95; 8:45 am]
BILLING CODE 3410-34-P
