Unknown. Policy statement

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--- schema: federal-register doc_type: fedreg source_file: FR-2006-04-05.xml --- 71 65 Wednesday, April 5, 2006 Contents Agricultural Agricultural Marketing Service RULES Apricots grown in Washington, 16979-16982 06-3240 Cherries

(tart)grown in Michigan, et al., 16982-16986 06-3238 Oranges, grapefruit, tangerines, and tangelos grown in Florida, 16976-16979 06-3237 Spearmint oil produced in Far West, 16986-16991 06-3239 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Grain Inspection, Packers and Stockyards Administration See Rural Utilities Service Animal Animal and Plant Health Inspection Service RULES Plant pests: Aquatic snails; importation and interstate movement; permit requirements, 16973-16975 06-3297 Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments: SBC Communications, Inc., et al., 17164-17232 06-3090 National cooperative research notifications: Petroleum Environmental Research Forum, 17142 06-3275 Army Army Department RULES Personnel: Decorations, medals, ribbons, and similar devices, 17276-17334 06-2854 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 17102-17104 E6-4917 E6-4919 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 17104 E6-4932 Centers Centers for Medicare & Medicaid Services RULES Medicare: Power mobility devices, including power wheelchairs and power-operated vehicles; payment conditions, 17021-17030 06-3271 PROPOSED RULES Medicare: Hospital discharges; notification procedures, 17052-17062 06-3264 NOTICES Agency information collection activities; proposals, submissions, and approvals, 17104-17105 06-3280 Commerce Commerce Department See Economic Analysis Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-4884 17073-17075 E6-4885 E6-4887 E6-4894 Defense Defense Department See Army Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 17083-17084 06-3251 Economic Economic Analysis Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-4888 17075-17077 E6-4889 E6-4890 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 17084 E6-4897 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air programs: Ambient air quality standards, national— General conformity; PM2.5 de minimis emission levels, 17003-17009 06-3311 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Novaluron, 17009-17014 06-3261 Pyraclostrobin, 17014-17021 06-3262 PROPOSED RULES Air programs: Ambient air quality standards, national— General conformity; PM2.5 de minimis emission levels, 17047-17050 06-3310 Air quality implementation plans; approval and promulgation; various States: Virginia, 17050-17052 E6-4940 NOTICES Committees; establishment, renewal, termination, etc.: Science Advisory Board; correction, 17162 C6-2775 Confidential business information and data transfer; correction, 17092 E6-4931 Meetings: Association of American Pesticide Control Officials/State FIFRA Issues Research and Evaluation Group, 17092-17093 E6-4846 Pesticide programs: Risk assessments— Organic arsenic herbicides, 17093-17095 E6-4838 Pesticide registration, cancellation, etc.: Desert King Chile, Ltd., 17095-17096 E6-4763 Ethoprop, 17096-17097 E6-4837 Pesticides; emergency exemptions, etc.: Tebuconazole, 17097-17098 E6-4949 Reports and guidance documents; availability, etc.: Pesticides— Data requirements for tolerances on imported commodities in US and Canada; NAFTA guidance, 17099 E6-4948 Executive Executive Office for Immigration Review NOTICES Agency information collection activities; proposals, submissions, and approvals, 17142-17143 06-2839 FAA Federal Aviation Administration RULES Air carrier certification and operations: Antidrug and alcohol misuse prevention programs for personnel engaged in specified aviation activities, 17000-17003 06-3277 Airworthiness directives: Cessna Aircraft Co.; correction, 16994 06-3252 Turbomeca, 16992-16994 06-3253 Class E airspace, 16994-16998 06-3246 06-3248 06-3249 06-3250 Standard instrument approach procedures, 16999-17000 06-3187 PROPOSED RULES Airworthiness directives: BAE Systems (Operations) Ltd., 17037-17039 E6-4927 Boeing, 17033-17035 E6-4924 Rolls-Royce Deutschland; withdrawn, 17033 E6-4923 Rolls-Royce plc, 17035-17037 E6-4922 Class E airspace, 17039-17040 E6-4896 NOTICES Aeronautical land-use assurance; waivers: Hamilton Municipal Airport, NY, 17156-17157 06-3247 FCC Federal Communications Commission RULES Radio stations; table of assignments: Louisiana, 17032 06-3200 New York, 17030-17031 06-3159 Various States, 17031-17032 06-3160 NOTICES Agency information collection activities; proposals, submissions, and approvals, 17099-17100 E6-4769 Privacy Act; systems of records, 17234-17274 06-3082 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 17088-17089 E6-4878 Environmental statements; availability, etc.: Alabama Power Co., 17089 E6-4881 Environmental statements; notice of intent: Gulf South Pipeline Co., 17089-17092 E6-4873 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 17084 E6-4871 BlueRock Energy, Inc., 17085 E6-4877 California Department of Water Resources, 17085-17086 E6-4872 CenterPoint Energy Gas Transmission Co., 17086 E6-4875 Natural Gas Pipeline Co. of America, 17086 E6-4876 Panhandle Eastern Pipe Line Co., LP, 17086-17087 E6-4874 Southern Star Central Gas Pipeline, Inc., 17087-17088 E6-4882 Transcontinental Gas Pipe Line Corp., 17088 E6-4880 Federal Highway Federal Highway Administration PROPOSED RULES Right-of-way and environment: Surface Transportation Project Delivery Pilot Program, 17040-17047 E6-4911 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 17100 E6-4928 Complaints filed: Verucci Motorcycles LLC, 17100-17101 E6-4930 Ocean transportation intermediary licenses: AAC Perishables Logistics, Inc., et al., 17101 E6-4926 Caribbean Enterprises, Inc., et al., 17101-17102 E6-4929 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Driver qualifications; diabetes exemptions, 17157-17159 E6-4898 Federal Reserve Federal Reserve System RULES Extension of Credit by Federal Reserve Banks (Regulation A): Primary and secondary credit; rates increase, 16991-16992 06-3256 NOTICES Banks and bank holding companies: Change in bank control, 17102 E6-4905 Formations, acquisitions, and mergers, 17102 E6-4906 Geological Geological Survey NOTICES Meetings: National Satellite Land Remote Sensing Data Archive Advisory Committee, 17130-17131 06-3242 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Stockyards; posting and deposting: Cliffside Horse Auction, NC, et al., 17071-17072 06-3301 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Health Resources and Services Administration See Indian Health Service See National Institutes of Health Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 17105 E6-4901 Meetings: Organ Transplantation Advisory Committee, 17105-17106 E6-4870 Homeland Homeland Security Department See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 17128-17129 E6-4893 Privacy Act; computer matching program, 17129-17130 E6-4886 Reports and guidance documents; availability, etc.: Public Housing Operating Fund Program; transition funding calculation and “stop loss” provision documentation submission procedure, 17130 E6-4892 Indian Indian Affairs Bureau NOTICES Irrigation projects; operations and maintenance charges: Rate adjustments, 17131-17135 E6-4945 Indian Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.: Health Promotion and Disease Prevention Program, 17106-17111 06-3257 Tribal Self-Governance Program, 17111-17119 06-3254 06-3255 Interior Interior Department See Geological Survey See Indian Affairs Bureau See Land Management Bureau International International Trade Administration NOTICES Antidumping: Ammonium nitrate from— Russian Federation, 17080 E6-4937 Antidumping and countervailing duties: Five year (sunset) reviews— Initiation of reviews, 17077-17080 E6-4938 International International Trade Commission NOTICES Import investigations: Digital processors or digital processing systems, components, or products containing same, 17136 E6-4936 Optical disk controller chips and chipsets and products containing same, including DVD players and PC optical storage devices II, 17136-17138 E6-4935 Polychloroprene rubber from— Japan, 17138-17140 E6-4934 Justice Justice Department See Antitrust Division See Executive Office for Immigration Review See Justice Programs Office NOTICES Pollution control; consent judgments: American Energy, Inc., 17140 06-3270 Ametek, Inc. and John Evans’ Sons, Inc., 17140-17141 06-3266 Millersburg, OR, 17141 06-3269 Monarch Greenback, L.L.C., et al., 17141-17142 06-3267 Sahli Enterprises, Inc. and Michael Sahli, 17142 06-3268 Justice Justice Programs Office NOTICES Meetings: Juvenile Justice Federal Advisory Committee, 17143-17144 E6-4891 Labor Labor Department See Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 17144 E6-4921 Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Twin Falls District, 17135 E6-4920 Oil and gas leases: Colorado, 17135 E6-4925 Survey plat filings: Montana, 17135-17136 E6-4918 Mine Mine Safety and Health Administration NOTICES Petitions for safety standards modification; summary of affirmative decisions, 17145 E6-4939 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 17159 E6-4915 Motor vehicle safety standards; exemption petitions, etc.: General Motors Corp., 17159-17160 E6-4912 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 17119 06-3217 Inventions, Government-owned; availability for licensing, 17119-17121 E6-4869 Meetings: National Cancer Institute, 17121-17122 06-3222 06-3223 National Center on Minority Health and Health Disparities, 17122 06-3224 National Heart, Lung, and Blood Institute, 17122-17123 06-3233 National Institute of Biomedical Imaging and Bioengineering, 17124 06-3226 National Institute of Child Health and Human Development, 17123-17124 06-3221 National Institute of Dental and Craniofacial Research, 17124 06-3225 National Institute of Diabetes and Digestive and Kidney Diseases, 06-3229 17125 06-3230 National Institute on Aging, 17125-17126 06-3231 National Institute on Alcohol Abuse and Alcoholism, 06-3219 06-3220 17123-17125 06-3228 National Library of Medicine, 17126 06-3232 Scientific Review Center, 17126-17127 06-3218 06-3227 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico shrimp, 17062-17070 06-3263 NOTICES Agency information collection activities; proposals, submissions, and approvals, 17080-17081 E6-4883 Grants and cooperative agreements; availability, etc.: Science On a Sphere Program, 17081-17083 E6-4868 Peace Peace Corps NOTICES Agency information collection activities; proposals, submissions, and approvals, 17145-17146 06-3244 Postal Postal Rate Commission NOTICES Negotiated service agreements: Washington Mutual Bank, 17146-17147 E6-4950 RUS Rural Utilities Service NOTICES Environmental statements; availability, etc.: Georgia Transmission Corp., 17072-17073 E6-4879 SBA Small Business Administration NOTICES Disaster and emergency areas: Illinois, 17148 E6-4908 Nevada, 17148 E6-4909 State State Department NOTICES Culturally significant objects imported for exhibition determinations: Baksy Krater, 17148 E6-4942 Best in Show! The Dog in Art from the Renaissance to Today, 17148-17149 E6-4943 Colors of Clay: Special Techniques in Athenian Vases, 17149 E6-4941 Raphael at the Metropolitan: The Colonna Altarpiece, 17149 E6-4944 Grants and cooperative agreements; availability, etc.: Arts Exchanges on International Issues Program, 17149-17156 06-3209 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: BNSF Railway Co., 17160-17161 E6-4805 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Surface Transportation Board MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 17127-17128 E6-4907 Separate Parts In This Issue Part II Justice Department, Antitrust Division, 17164-17232 06-3090 Part III Federal Communications Commission, 17234-17274 06-3082 Part IV Defense Department, Army Department, 17276-17334 06-2854 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 71 65 Wednesday, April 5, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 330 [Docket No. APHIS-2006-0051] Aquatic Snails; Permit Requirements for Importation and Interstate Movement AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Policy statement. SUMMARY: This document gives notice that we intend to begin consistently and routinely requiring that a permit must accompany all aquatic snails that are imported into the United States or that are moving interstate. We also intend to consistently require that shipments of aquatic snails, as with all other plant pests imported under permit, be subject to inspection and to begin routinely and consistently inspecting shipments of aquatic supplies or plants that may contain aquatic snails. This action is necessary in order to prevent the importation or interstate movement of certain species of aquatic snails which, if released into the environment, can become destructive agricultural pests. DATES: *Effective Date:* April 5, 2006. FOR FURTHER INFORMATION CONTACT: For information regarding import permits, contact Dr. Michael J. Firko, Director of Permits, Registration, and Imports, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231;

(301)734-8758. For information concerning inspection of commodities, contact Mr. William Thomas, Director, Quarantine Policy, Analysis and Support, PPQ, APHIS, 4700 River Road Unit 60, Riverdale, MD 20737-1236;

(301)734-5214. SUPPLEMENTARY INFORMATION: Background The regulations in 7 CFR part 330 prohibit or restrict the importation into the United States or the interstate movement of plant pests and the movement of means of conveyance, earth, stone and quarry products, garbage, and certain other articles to prevent the introduction and dissemination of plant pests into and within the United States. The regulations in part 330 identify snails among the organisms considered to be plant pests. The regulations contained in “Subpart-Movement of Plant Pests,” §§ 330.200 through 330.212 (referred to below as the regulations), restrict or prohibit the importation or interstate movement of plant pests. Section 330.200 specifies that a permit is required for the intentional movement of any plant pest into or through the United States. Section 330.203 provides that permits may include any conditions which, in the opinion of the Deputy Administrator, are necessary to prevent dissemination of plant pests into the United States or interstate. Such conditions may vary, but may include requirements for inspection of the premises where the plant pests are to be handled after their movement under permit to determine whether the facilities are adequate to prevent plant pest dissemination. While we have considered snails to be plant pests for decades, we have not routinely enforced permit and inspection requirements for aquatic snails, particularly those moving interstate. Most aquatic snails imported into the United States are imported for use in aquariums, often as part of shipments of aquarium supplies such as fish or plants. Other aquatic snails are inadvertently imported as “hitchhikers” in shipments of other aquatic supplies or plants. The majority of aquatic snails moving interstate are moved as pets or for sale as pets. Before plastic aquarium plants became popular among aquarium owners, plant-feeding snails were undesirable for aquarium use. Importers of aquarium plants did not intentionally import them and were vigilant about inspecting shipments to prevent “hitchhikers.” As a result, imports of plant-feeding snails were insignificant and did not present a risk to U.S. agriculture. However, the widespread use of plastic aquarium plants has led to an increase in the use of such aquatic snails in aquariums as pets. Importers are also less concerned by aquatic snails being imported in shipments of aquarium supplies. In addition, more aquatic snails are now being sold and moved interstate, often from areas where exotic aquatic snails have become established. Some of the most damaging of these aquatic snails, and most popular among aquarium owners, are the channeled apple snails ( *Pomacea canaliculata* complex), or other species of *Pomacea.* Channeled apple snails, as well as other species of *Pomacea,* pose a significant threat to U.S. agriculture, especially rice crops. In southeast Asia, several channeled apple snail species were intentionally introduced as a food item in the early 1980s. Instead of becoming a useful food source, however, many snails either escaped or were released into nearby rice fields. In addition to causing millions of dollars of rice crop damage annually in Taiwan, Japan, the Philippines, China, Korea, and other southeast Asian countries, the snail was found to carry *Angiostrongylus cantonensis,* a parasite nematode that causes potentially lethal eosinophilic meningitis, a disease of humans and other animals. During the early 1990s, fish farmers in the Cibao region of the Dominican Republic intentionally introduced channeled apple snails to control algal and macrophytic buildup in their ponds. Within a few months, the snails escaped into the surrounding rice-producing area. By 1997, about 40 percent of the Dominican rice-producing areas were infested, with crop losses in some areas estimated at 75 percent or more. Channeled apple snails are also now established in regions of the United States. In Hawaii, the channeled apple snail was first reported in 1989. Since then, it has spread to several islands in the Hawaiian archipelago, including Maui, Kaua'i, O'ahu, Hawai'i, and Lana'i, where it has become a serious pest of taro. The snail was first reported in Florida in 1998 and is believed to be established in Collier, Hillsborough, Palm Beach, and Pinellas Counties. In California, the channeled apple snail emerged in 1998 in San Diego County, and isolated populations have subsequently been reported in several other areas of the State. So far, however, California's rice-growing regions are not affected. Additionally, channeled apple snail infestations in Texas, which were previously confined to the American Canal south of Houston, appear to have spread to areas of active rice production as a result of Tropical Storm Alison in 2001. The effects of this introduction are not yet known. Allowing further imports of the channeled apple snail and other aquatic snails would increase the number of potentially invasive snails in the United States beyond the rate of natural increase and spread and would increase the damage the snails do to the environment, as well as the likelihood that they will spread into areas beyond where they are already found. This would make it more difficult and expensive to control and eradicate them. Preventing the introduction and dissemination of destructive aquatic snails is difficult for a number of reasons. The distinction between species and species complexes is blurred and the biology of various snail taxa is generally poorly understood. Currently, only one species of apple snail, *Pomacea bridgesii,* appears to be innocuous. However, even to a well-trained eye, these snails appear remarkably similar to the extremely destructive channeled apple snails. In addition, immature snails imported in shipments of aquarium plants can be difficult to find during routine inspections. Routinely and consistently enforcing the regulations with respect to aquatic snails will help prevent the introduction and spread of apple snails and many other *Pomacea* species not established in the United States, as well as prevent the introduction and spread of the snails from one region of the country to other, uninfested regions. Further, it is unlikely that we would issue permits for the importation or interstate movement of species of *Pomacea* , except specimens of *P. bridgesii* . As stated above, even to a well-trained eye, *P. bridgesii* can appear very similar to the destructive channeled apple snail, particularly when the snail is immature. Therefore, we would require, as a permit condition, that the *P. bridgesii* be a minimum of 1.4 inches (3.5 cm) long. Establishing a minimum length for import and interstate movement of *P. bridgesii* will allow inspectors to more easily confirm the species of the snail in question. We further intend to begin consistently and routinely enforcing the regulations to require that a permit accompany all aquatic snails moving into or through the country and will increase the level of inspection of shipments of aquarium supplies and plants offered for entry into the United States to look for evidence of aquatic snails. We are issuing this policy statement to ensure that affected importers, shippers, and members of the public are made aware of these requirements. Any shipment found to contain aquatic snails for which a permit has not been issued will be subject to administratively approved procedures to prevent the dissemination of the snails. These procedures can vary, but may involve seizure, quarantine, exportation, return to shipping point of origin, destruction, or other disposal. These actions are necessary to prevent new introductions of exotic snails and increases in the existing populations of destructive aquatic snails. This notice is intended to alert affected importers and other shippers as well as members of the public that we intend to enforce these regulations on a consistent, uniform basis. Economic Considerations and Analysis Most aquatic snails imported into the United States are destined for aquarium use and often consist of part of a larger shipment of aquarium supplies. Aquatic snails are also imported unintentionally ( *i.e.* , as hitchhikers) in shipments of aquatic plants. Aquatic snails could pose both animal and human health risks, because they may be infested with parasites, such as liver flukes. Unfortunately, some aquarium owners dispose of unwanted snails by dumping them in local waterways or sewage systems, where the snails can survive. Destructive aquatic snails, if released into the environment, could become established as major pests of agricultural crops such as rice. In addition, as apple snails have both lungs and gills and can therefore survive out of water for months at a time, any endangered or threatened plant species living in or near infested waters could be directly affected. To prevent destructive aquatic snails from being imported into the United States and from being moved interstate, APHIS needs to enforce permit and inspection requirements for aquatic snails. This policy statement does not entail new regulatory requirements; rather, it is intended to communicate the Agency's intent to consistently and routinely enforce the provisions of the existing regulations. Between 2002 and 2004, the value of U.S. imports of live aquatic supplies including snails increased by about 9 percent, whereas U.S. imports of mollusks (including freshwater snails) and nondestructive snails increased in value by 11 and 28 percent, respectively (table 1). Thus, snail imports are growing at a more rapid rate than are imports of live aquatic supplies generally. Table 1.—Value of U.S. Imports of Selected Live Aquatic Supplies [In U.S. dollars] Live aquatic supplies HS 6-digit code 2002 2003 2004 % change 2001-2004 Aquatic invertebrates: Crustaceans 030600 $4,136,004,000 $4,623,263,000 $4,490,191,000 +8.56 Mollusks (fresh water snails, clams, etc.) 030700 427,218,000 482,416,000 474,551,000 +11.08 Snails, non-destructive ( *Gastropoda* ) 030760 806,000 909,000 1,032,000 +28.04 Other aquatic supplies: Ornamental fish 030110 39,658,000 41,324,000 43,762,000 +10.35 Corals and seashells 050800 10,437,000 11,099,000 11,529,000 +10.46 Source: U.S. Department of Commerce, U.S. Census Bureau, Foreign Trade Statistics, Harmonized Standard codes 4-digit and 6-digit. Destructive aquatic snails can feed on young rice seedlings and spread through the extensive irrigation networks of U.S. rice-growing regions. Rice production in the United States is concentrated in six regions: The Arkansas Grand Prairie, northeastern Arkansas and the bootheel of Missouri, the Mississippi River Delta (in Arkansas, Mississippi, and northeast Louisiana), southwest Louisiana, the coastal prairie of Texas, and the Sacramento Valley of California. These six States account for 99.5 percent of U.S. rice production (table 2). 1 Arkansas, with more than 48 percent of U.S. rice acreage, produces more rice than any other State ( *i.e.* , 50 percent). California has the second largest production, more than 16 percent of the U.S. rice crop, and the highest yields in the United States. Louisiana has the third largest production, accounting for about 14 percent of the U.S. rice crop. Mississippi and Texas rank fourth and fifth in both area and production, accounting for 7 percent to 8 percent of U.S. rice production. Missouri accounts for about 5 percent of U.S. production. 1 Source: National Agricultural Statistics Service, USDA. Florida is a minor rice producer, with less than 1 percent of U.S. production. In Florida, rice is grown as a rotation crop with sugarcane and vegetables around the southern and eastern shores of Lake Okeechobee. Although Florida's rice production is not large, the Everglades and other natural areas are susceptible to the introduction of destructive snails. In the major U.S. rice producing States plus Florida, over 3 million acres are planted with rice (table 2). These same States account for approximately 32 percent of aquatic/pet supply stores and sales in the country. In 2002, the annual sale revenue of aquatic/pet supply stores in these rice-producing States was over $1.7 billion. Table 2.—U.S. Rice Planted Area and Aquatic Supply Stores, 2003 State Rice Acres planted Production (in cwt) Aquarium/pet and pet supplies stores Number of stores Value of sales Arkansas 1,455,000 95,860,000 48 $18,228,000 California 507,000 38,624,000 1,093 880,936,000 Louisiana 450,000 26,397,000 81 22,756,000 Mississippi 234,000 15,912,000 33 15,289,000 Missouri 171,000 10,484,000 153 101,257,000 Texas 180,000 11,880,000 431 354,954,000 Sum of 6 States 2,997,000 187,387,000 1,839 1,393,420,000 Florida 17,864 958,000 584 340,730,000 Sum of 7 States 3,014,864 188,345,000 1 2,423 1 1,734,150,000 United States 3,014,864 188,345,000 7,629 5,492,749,000 Sources: USDA/Economic Research Service/ Rice Outlook 2005 and U.S. Economic Census 2002, NAICS 453910; University of Florida, IFAS Extension, “An Overview of the Florida Rice Industry,” Schueneman, T.J., and C.W. Deren. 1 32% of U.S. total. U.S. rice producers would bear direct costs of controlling destructive aquatic snails introduced into rice-growing regions, as well as costs of replanting after initial destruction of seedlings by the snails and rice yield losses. By acting to prevent the importation and interstate movement of destructive aquatic snails, U.S. rice-growing regions and susceptible natural areas such as the Everglades will be better protected from possible infestations. For the U.S. rice industry, potential rice yield losses and costs of eliminating infestations will be avoided. Retail aquarium/pet stores are classified under North American Industry Classification System (NAICS) code number 453910. According to the 2002 Economic Census, there were 7,629 such stores in the United States, with $5.5 billion in annual sales. Of these pet/aquarium supply stores, 2,423 with $1.73 billion in annual sales were in rice-producing States. It can be assumed that nearly all aquariums and aquatic supplies are sold in pet/aquarium stores. We do not have information on how many of these stores are small entities, but clearly most have annual sales revenue well below the SBA small entity threshold for pet stores of $5 million (NAICS 453910); the average pet/aquarium store had annual sales revenue of about $720,000 in 2002. Even though most pet/aquarium stores may be classified as small entities, we anticipate a minimal economic impact on the domestic pet industry. Fulfilling the permit and other requirements of the regulations with regard to aquatic snails will not noticeably increase costs to potential importers. In fact, importers will be assured that their shipments do not contain snails they did not intend to import. Further, consumers who purchase aquatic supplies will not receive destructive aquatic snails that might damage their home aquarium environments. Subsequently, there is less of a risk of consumers releasing destructive aquatic snails into waterways where they may spread to damage rice crops or delicate ecosystems. There are multiple important benefits of this action that outweigh any potential economic consequences. Therefore, we intend to begin consistently enforcing the regulations in §§ 330.200 through 330.212 with regard to aquatic snails in order to prevent the introduction and dissemination of destructive aquatic snails. Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3. Done in Washington, DC, this 30th day of March 2006. Elizabeth E. Gaston, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 06-3297 Filed 4-4-06; 8:45 am]

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