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###### Department of Agriculture

###### Animal and Plant Health Inspection Service 

          - 7 CFR Part 301 
          - [Docket No. 04-032-2] 

# AGENCY:

Animal and Plant Health Inspection Service, USDA. 

# ACTION:

Affirmation of interim rule as final rule. 

# 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 § 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 § 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 

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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